county of frederick

COUNTY of FREDERICK

Finance Department Cheryl B. Shiffler

Director

540/665-5610 Fax: 540/667-0370

E-mail: [email protected]

107 North Kent Street · Winchester, Virginia 22601

TO: Board of Supervisors

FROM: Finance Committee

DATE: October 21, 2015

SUBJECT: Finance Committee Report and Recommendations

A Finance Committee meeting was held in the First Floor Conference Room at 107 North Kent

Street on Wednesday, October 21, 2015 at 8:00 a.m. Member Richard Shickle was absent. Non-

voting liaison William Orndoff was absent. (þ) Items 1, 2 and 8 were approved under consent

agenda. (x = no action required)

1. (þ) The Sheriff requests a General Fund supplemental appropriation in the amount of

$250. This amount represents a donation from the Exchange Club of Winchester to the

K-9 program. No local funds required. See attached memo, p. 4.

2. (þ) The Sheriff requests a General Fund supplemental appropriation in the amount of

$13,049. This amount represents the unbudgeted portion of the DMV grants for alcohol

enforcement and occupant protection. No local funds required. See attached

information, p. 5 – 9.

3. (x) The Commissioner of the Revenue requests a General Fund supplemental

appropriation in the amount of $85,945. This amount represents salary and fringes for

the remaining eight months of FY 2016 in order to hire two assessors. The addition of

the positions has been approved by the HR Committee. Local funds are required. See

attached, p. 10 – 14. The committee makes a motion to support a budget transfer of

$85,945 from contingency funds.

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Finance Committee Report and Recommendations October 21, 2015 P a g e | 2

4. The County Attorney provides information for discussion on tax exempt

property/organizations. See attached, p. 15 - 80. The committee recommends

removing #19 from the proposed ordinance. (Mr. Ewing abstained)

5. (x) The County Administrator requests discussion on the involvement of Finance

Committee in the Capital Improvements Plan (CIP) process. The committee

recommends that the County Administrator formulate a proposed process for further

discussion.

6. (x) The Finance Director requests discussion on unfunded FY16 capital requests. See

attached list of requests, p. 81 - 84. The committee makes a motion to support a

budget transfer from contingency funds in the amount of $294,250 to purchase ten

(10) police cruisers and associated equipment. The committee also postpones action

on the remainder of the list pending prioritization.

7. The Finance/Audit Committee charter adopted by the Board of Supervisors requires an

annual review and reassessment. Per the Committee’s request, a survey was

distributed to members and a summary of the results is provided. See attached, p. 85 -

88. The committee recommends approval of the charter with no changes. The

committee also recommends increasing involvement with the internal audit per the

charter.

8. (þ) The County Administrator requests a General Fund supplemental appropriation in

the amount of $47,897.40. This amount represents a PPEA review fee refund to R150

SPE, LLC. Local funds are required. See attached information, p. 89 - 94.

9. (x) The Finance Committee Chairman provides FY 2017 budget priorities. See attached

letter, p. 95.

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Finance Committee Report and Recommendations October 21, 2015 P a g e | 3

INFORMATION ONLY

1. The Finance Director provides a Fund 10 Transfer Report for September 2015. See

attached, p. 96.

2. The Finance Director provides an FY 2016 Fund Balance Report ending

October 15, 2015. See attached, p. 97.

3. The Finance Director provides financial statements for the month ending

September 30, 2015. See attached, p. 98 - 108.

4. At the request of the Committee, the Northern Shenandoah Valley Regional Commission

(NSVRC) provides supplemental information per discussions at the August Finance

Committee meeting. See attached information, p. 109 - 128.

5. The Airport will provide an update on the Airport’s budget at the November Finance

Committee meeting.

Respectfully submitted,

FINANCE COMMITTEE Charles DeHaven, Chairman Judy McCann-Slaughter Gary Lofton Bill Ewing Angela Rudolph

By ___________________________ Cheryl B. Shiffler, Finance Director

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3-010-024040-0022

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107 North Kent Street • Winchester, Virginia 22601

COUNTY OF FREDERICK

Roderick B. Williams County Attorney

540/722-8383

Fax 540/667-0370 E-mail:

[email protected]

MEMORANDUM

TO: Finance Committee FROM: Roderick B. Williams County Attorney DATE: September 30, 2015 RE: Tax Exempt Property/Organizations The Finance Committee last year began a review of tax exempt organizations and tax exempt property in the County. One issue the review identified was that many of the exemptions were specific exemptions by designation previously granted by the General Assembly and as to which the County does not have direct control. The primary means of County control over such exemptions going forward is to request that the General Assembly repeal such exemptions and leave to the County the matter of whether to continue such exemptions.1 The purpose of this memorandum is to seek a recommendation from the Committee as to the possible inclusion in the County Code of those organizations whose property the County wishes to maintain as designated for exemption, regardless of General Assembly designation. As background regarding this matter, last year, at the County’s request, Delegate LaRock filed legislation to repeal exemptions by designation involving organizations and property in Frederick County, so as to leave to the County whether to continue the exemptions. A

1 By way of review, Virginia recognizes two types of tax exemptions, exemptions by classification and

exemptions by designation. Exemptions by classification, as the name suggests, cover broad classes or categories of organizations, based upon their particular purposes. Thus for instance, Virginia law exempts property of churches, nonprofit schools, museums, and certain other general categories of organizations. Va. Const. art. X, § 6(a); Va. Code §§ 58.1-3606 and 58.1-3609 through 58.1-3622. As a practical matter, exemptions by classification represent well-established public policy and either cannot be changed absent a constitutional amendment or are not likely to be changed. Exemptions by designation, on the other hand, involve organizations specifically designated by name in special legislation. Va. Code §§ 58.1-3650 through 58.1-3652. Exemptions by designation can be changed by simple legislation (General Assembly legislation if involving an exemption by designation granted prior to January 1, 2003 or local legislation if involving an exemption by designation thereafter).

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subcommittee of the House Finance Committee recommended tabling the legislation and the legislation died in the House Finance Committee. One concern that the legislation presented was that the legislation covered all organizations with exempt property in the County, with no apparent assurance that the County would reinstate any of the exemptions. This matter now returns to the County’s Finance Committee in an effort to ensure that the County Code contains exemptions for the property of those organizations that the County wishes to maintain as designated for exemption. A draft ordinance to such effect is attached. This would permit the reintroduction in the 2016 Session of the General Assembly of legislation similar to the 2015 legislation, without raising the concern that the legislation would end all County exemptions by designation. To the extent that the Committee agrees with the draft ordinance, proper action for the Committee would be to recommend that the Board of Supervisors schedule a public hearing on adoption of the ordinance. For reference purposes, certain property in the County currently owned by the following organizations is subject to exemption by classification and therefore the names of such organizations are not included in the attached draft, as their exempt status will continue regardless of any County action (see footnote 1):

American Legion American Red Cross Back Creek Ruritan Club Clearbrook Fire Company Elks Club of Winchester Gainesboro Fire Company Gainesboro Ruritan Club Girl Scouts of Shawnee Council Gore Fire Company Grafton School Greenwood Fire Company Middletown Fire Company National Trust for Historic Preservation North Mountain Fire Company Outreach to Asian Nationals

Phazz 1 Ministries Reynolds Store Fire Company Round Hill Fire Company Round Hill Ruritan Club Shenandoah Area Council [Boy Scouts] Star Tannery Fire Company Stephens City Fire Company Stephens City Lodge No. 2483 Stonewall District Ruritan Club Tri-County Virginia OIC Trustees of the Gravel Springs Virginia Housing Development Authority Winchester Medical Center Winchester Rescue Mission

The following other organizations currently own property in the County, are subject to exemption by designation, and are therefore included in the draft ordinance (the following list also shows whether each exemption was granted by the General Assembly or by the County and whether the organization filed an application for exemption with the County last year, in which case a copy of the application is included with this memorandum, with individuals’ personal contact information redacted):

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GA County Return Exempt Exempt Filed

1 X No ARC – Northern Shenandoah Valley, Inc., The

2 X Yes Belle Grove, Inc.

3 X Yes Blue Ridge Hospice, Inc. (Thrift Shop in Stephens City)

4 X Yes Cedar Creek Battlefield Foundation, Inc.

5 X Yes Conservation Club [Winchester–Frederick County Conservation Club, Inc.]

6 X Yes Fort Collier Civil War Center, Inc.

7 X No Frederick United Methodist Housing Development Corp.

8 X Yes Kernstown Battlefield Association, Inc.

9 X Yes Leary Educational Foundation, Inc.2

10 X Yes Nature Conservancy, The

11 X Yes NW Works, Inc. (formerly known as Northwestern Workshop, Inc.)3

12 X Yes People-to-People Health Foundation, Inc., The (Project Hope)

13 X No Potomac Appalachian Trail Club

14 X No Salvation Army, The

15 No Shenandoah Valley Battlefields Foundation4

16 X Yes Shenandoah Valley Community Residences, Inc.

17 X Yes Stone House Foundation

18 X No Wayside Foundation for the Arts, Inc., The

19 X Yes Westminster-Canterbury of Winchester, Inc.

20 X No Winchester Chapter of the Izaak Walton League

21 X Yes Woodmen of the World

22 X Yes Youth Development Center, Inc., The

2 Organization acquired a second parcel some years after Board exemption granted, but Board exemption

generically refers just to “property” owned by the organization, without necessarily being limited to the original parcel. The second parcel is included in draft ordinance

3 Organization acquired a second parcel some years after Board exemption granted and disposed of the original parcel, but Board exemption generically refers just to “property” owned by the organization, without necessarily being limited to the original parcel. The second parcel (only) is included in draft ordinance.

4 Various Shenandoah Valley Battlefields Foundation property has in the past been considered exempt, but research has not located the specific General Assembly or Board of Supervisors granted exemption for its property.

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For any of the organizations, listed above and included in the draft, as to which the Committee wishes to recommend be stricken, the Committee can include such statement in its recommendation to the Board.5 Finally, for the Committee’s information, the following organizations have previously received General Assembly exemptions, but no longer own property in the County:

National Wildlife Federation Robert E. Rose Memorial Foundation, Inc. Shalom Et Benedictus, Inc. Special Love, Inc. Wayside Museum of American History and Arts

Attachments

5 The County also received additional applications or requests for exemption as follows: Blue Ridge

Hospice, Inc. (tax parcel 64-1-A1), Civil War Preservation Trust (tax parcels 84-A-72, 84-4-1, and 90 New Middletown parcels), Fort Collier Civil War Center, Inc. (tax parcel 56-A-18A), and Potomac Appalachian Trail Club (tax parcels 14-4-1, 14-4-2, 14-4-3, 14-4-4, 14-4-5, and 14-4-6). Because these are not existing exemptions, they are not set out in the draft ordinance, but the Committee has the prerogative to recommend adding any or all to the draft ordinance. Copies of the applications or requests are included with the other materials here.

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Revision 10/21/15, per Finance Committee discussion

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ORDINANCE [date]

The Board of Supervisors of Frederick County, Virginia hereby ordains that Section 155-153 (Property exempted from taxation by designation) of Article XXV (Exemption for Nonprofit Organizations) of Chapter 155 (Taxation) of the Code of Frederick County, Virginia be, and the same hereby is, amended by enacting an amended Section 155-153 (Property exempted from taxation by designation) of Article XXV (Exemption for Nonprofit Organizations) of Chapter 155 (Taxation) of the Code of Frederick County, Virginia, as follows (additions are shown in bold underline): CHAPTER 155 TAXATION Article XXV Exemption for Nonprofit Organizations § 155-153 Property exempted from taxation by designation. A. The real or personal property of an organization designated by the Board of

Supervisors and used by such organization exclusively for one or more of the purposes as set forth in Article X, Section 6(a) of the Constitution of Virginia shall be exempt from taxation so long as such organization is operated not for profit and the property so exempted is used in accordance with the purpose(s) for which the organization is classified. The indicated real or personal property of each of the following organizations is so designated by the Board of Supervisors pursuant to this section:

1. ARC-Northern Shenandoah Valley, Incorporated, The (formerly known as

Winchester-Frederick County Association for Retarded Citizens and as Northern Shenandoah Valley Association for Retarded Citizens, Inc., The) – tax parcels 54J-2-3-59, 54J-2 3-60, and 54J-2-3-61;

2. Belle Grove, Inc. – tax parcels 90-A-33A and 90-A-37; 3. Blue Ridge Hospice, Inc. – personal property of thrift shop in Stephens

City; 4. Cedar Creek Battlefield Foundation, Inc. – tax parcels 90-A-23A, 90-A-23B,

90-A-32A, 90-A-34, 90-A-55, 90-A-59A, and 91-A-28C;

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5. Conservation Club [Winchester- Frederick County Conservation Club, Inc.] – tax parcels 19-A-27, 19-A-49, 19-A-50, 19-A-51, 19-A-52E, 19-A-53A, 19-A-81A, 29-A-37B, 29-A-38, and 29-A-43B;

6. Fort Collier Civil War Center, Inc. – tax parcel 54-A 81G; 7. Frederick United Methodist Housing Development Corp. – tax parcel 75-A-

80B; 8. Kernstown Battlefield Association, Inc. – tax parcels 63-A-6A, 63-A-7A, 63-

A-18, 63-A-18A, 63-A-18B, 63-A-18C, and 63-A-18D; 9. Leary Educational Foundation, Inc. – tax parcels 6-A-17 and 6-A-18; 10. Nature Conservancy, The – tax parcels 48-A-45 and 48-A-47; 11. NW Works, Inc. (formerly known as Northwestern Workshop, Inc.) – tax

parcel 75-A-1F; 12. People-to-People Health Foundation, Inc., The (Project Hope) – tax parcel

64-A-40C; 13. Potomac Appalachian Trail Club – tax parcels 19-A-41D, 28-A-119A, 48-A-

29C, 48-A-33A, 48-A-37, 48-A-37I, 48-A-37A, 48-A-37R, 48-A-49B, and 49-1-2-48;

14. Salvation Army, The – tax parcel 54-A-36F; 15. Shenandoah Valley Battlefields Foundation – tax parcels 43-A-154, 43-A-

155, 43-A-159A, 54-A-1B, 54-A-1C, 54-A-88, 54-A-89C, 54-A-90, 55-A-3, and 55-A-4;

16. Shenandoah Valley Community Residences, Inc. – tax parcels 54N-2-2-32 and 65H-12A-108;

17. Stone House Foundation – tax parcels 74A03-A-77, 74A03-A-141, 74A03-A-142, 74A03-A-144, and 74A03-A-146;

18. Wayside Foundation for the Arts, Inc., The – tax parcel 91B-1-B-27; 19. Winchester Chapter of the Izaak Walton League – tax parcels 77-A-72 and

77-A-76A; 20. Woodmen of the World – tax parcel 54E-8-33; and 21. Youth Development Center, Inc., The – tax parcel 63-A-110B.

B. Each organization which owns real property exempt from taxation pursuant to

designation of the Board of Supervisors or pursuant to designation of the General Assembly shall file triennially, commencing on November 15, 2014, an application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property. The Commissioner of the Revenue shall send notice of this requirement to each such organization by not later than September 15 preceding the November 15 on which such application is due. Such application shall show the ownership and usage of such property, and such other information as the entity deems desirable, for the property for which retention of such exemption is sought.

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C. Exemptions of property from taxation under this article shall be strictly construed in

accordance with the provisions of Article X, Section (6)(f) of the Constitution of Virginia.

Enacted this ____ day of ____, 2015. Richard C. Shickle, Chairman ____ Gary A. Lofton ____ Robert A. Hess ____ Robert W. Wells ____ Jason E. Ransom ____ Gene E. Fisher ____ Charles S. DeHaven, Jr. ____

A COPY ATTEST

__________________________ Brenda G. Garton Frederick County Administrator

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Code of VirginiaTitle 58.1. TaxationChapter 36. Tax Exempt Property This section has more than one version with varying effective dates. To view a complete list ofthe versions of this section see Table of Contents. § 58.1-3651. (Effective until July 1, 2018) Property exempt fromtaxation by classification or designation by ordinance adoptedby local governing body on or after January 1, 2003 A. Pursuant to subsection 6 (a) (6) of Article X of the Constitution of Virginia, on and afterJanuary 1, 2003, any county, city, or town may by designation or classification exempt from realor personal property taxes, or both, by ordinance adopted by the local governing body, the real orpersonal property, or both, owned by a nonprofit organization that uses such property forreligious, charitable, patriotic, historical, benevolent, cultural, or public park and playgroundpurposes. The ordinance shall state the specific use on which the exemption is based, andcontinuance of the exemption shall be contingent on the continued use of the property inaccordance with the purpose for which the organization is classified or designated. No exemptionshall be provided to any organization that has any rule, regulation, policy, or practice thatunlawfully discriminates on the basis of religious conviction, race, color, sex, or national origin. B. Any ordinance exempting property by designation pursuant to subsection A shall be adoptedonly after holding a public hearing with respect thereto, at which citizens shall have anopportunity to be heard. The local governing body shall publish notice of the hearing once in anewspaper of general circulation in the county, city, or town where the real property is located.The notice shall include the assessed value of the real and tangible personal property for whichan exemption is requested as well as the property taxes assessed against such property. Thepublic hearing shall not be held until at least five days after the notice is published in thenewspaper. The local governing body shall collect the cost of publication from the organizationrequesting the property tax exemption. Before adopting any such ordinance the governing bodyshall consider the following questions: 1. Whether the organization is exempt from taxation pursuant to § 501(c) of the InternalRevenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has beenissued by the Virginia Alcoholic Beverage Control Board to such organization, for use on suchproperty; 3. Whether any director, officer, or employee of the organization is paid compensation in excessof a reasonable allowance for salaries or other compensation for personal services which suchdirector, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of anyindividual, and whether any significant portion of the service provided by such organization isgenerated by funds received from donations, contributions, or local, state or federal grants. Asused in this subsection, donations shall include the providing of personal services or thecontribution of in-kind or other material services;

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5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying onpropaganda, or otherwise attempting to influence legislation and whether the organizationparticipates in, or intervenes in, any political campaign on behalf of any candidate for publicoffice; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to theadoption of such ordinance. C. Any ordinance exempting property by classification pursuant to subsection A shall be adoptedonly after holding a public hearing with respect thereto, at which citizens shall have anopportunity to be heard. The local governing body shall publish notice of the hearing once in anewspaper of general circulation in the county, city, or town. The public hearing shall not be helduntil at least five days after the notice is published in the newspaper. D. Exemptions of property from taxation under this article shall be strictly construed inaccordance with Article X, Section 6 (f) of the Constitution of Virginia. E. Nothing in this section or in any ordinance adopted pursuant to this section shall affect thevalidity of either a classification exemption or a designation exemption granted by the GeneralAssembly prior to January 1, 2003, pursuant to Article 2 (§ 58.1-3606 et seq.), 3 (§ 58.1-3609 etseq.) or 4 (§ 58.1-3650 et seq.) of this chapter. An exemption granted pursuant to Article 4 (§58.1-3650 et seq.) of this chapter may be revoked in accordance with the provisions of § 58.1-3605. 2003, c. 1032;2004, c. 557. § 58.1-3651. (Effective July 1, 2018) Property exempt fromtaxation by classification or designation by ordinance adoptedby local governing body on or after January 1, 2003 A. Pursuant to subsection 6 (a)(6) of Article X of the Constitution of Virginia, on and afterJanuary 1, 2003, any county, city, or town may by designation or classification exempt from realor personal property taxes, or both, by ordinance adopted by the local governing body, the real orpersonal property, or both, owned by a nonprofit organization that uses such property forreligious, charitable, patriotic, historical, benevolent, cultural, or public park and playgroundpurposes. The ordinance shall state the specific use on which the exemption is based, andcontinuance of the exemption shall be contingent on the continued use of the property inaccordance with the purpose for which the organization is classified or designated. No exemptionshall be provided to any organization that has any rule, regulation, policy, or practice thatunlawfully discriminates on the basis of religious conviction, race, color, sex, or national origin. B. Any ordinance exempting property by designation pursuant to subsection A shall be adoptedonly after holding a public hearing with respect thereto, at which citizens shall have anopportunity to be heard. The local governing body shall publish notice of the hearing once in anewspaper of general circulation in the county, city, or town where the real property is located.The notice shall include the assessed value of the real and tangible personal property for whichan exemption is requested as well as the property taxes assessed against such property. The

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http://law.lis.virginia.gov/vacode/58.1-3606/

http://lis.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0003









public hearing shall not be held until at least five days after the notice is published in thenewspaper. The local governing body shall collect the cost of publication from the organizationrequesting the property tax exemption. Before adopting any such ordinance the governing bodyshall consider the following questions: 1. Whether the organization is exempt from taxation pursuant to § 501(c) of the InternalRevenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has beenissued by the Board of Directors of the Virginia Alcoholic Beverage Control Authority to suchorganization, for use on such property; 3. Whether any director, officer, or employee of the organization is paid compensation in excessof a reasonable allowance for salaries or other compensation for personal services which suchdirector, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of anyindividual, and whether any significant portion of the service provided by such organization isgenerated by funds received from donations, contributions, or local, state or federal grants. Asused in this subsection, donations shall include the providing of personal services or thecontribution of in-kind or other material services; 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying onpropaganda, or otherwise attempting to influence legislation and whether the organizationparticipates in, or intervenes in, any political campaign on behalf of any candidate for publicoffice; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to theadoption of such ordinance. C. Any ordinance exempting property by classification pursuant to subsection A shall be adoptedonly after holding a public hearing with respect thereto, at which citizens shall have anopportunity to be heard. The local governing body shall publish notice of the hearing once in anewspaper of general circulation in the county, city, or town. The public hearing shall not be helduntil at least five days after the notice is published in the newspaper. D. Exemptions of property from taxation under this article shall be strictly construed inaccordance with Article X, Section 6 (f) of the Constitution of Virginia. E. Nothing in this section or in any ordinance adopted pursuant to this section shall affect thevalidity of either a classification exemption or a designation exemption granted by the GeneralAssembly prior to January 1, 2003, pursuant to Article 2 (§ 58.1-3606 et seq.), 3 (§ 58.1-3609 etseq.) or 4 (§ 58.1-3650 et seq.) of this chapter. An exemption granted pursuant to Article 4 (§58.1-3650 et seq.) of this chapter may be revoked in accordance with the provisions of § 58.1-3605. 2003, c. 1032;2004, c. 557;2015, cc. 38, 730.

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1 9/17/2015

FY 2015-2016 REMAING CAPITAL NEEDS - GENERAL FUNDLine Total per

Department Item Description Amount Department

1213 - Treasurer 8001 Folder/Inserter 45,00045,000

1220 - Information Technology 8007 Large format printer/scanner 4,320 8007 Dell Equallogic ISCSI storage 48TB capacity to support 32,000

system backups - 5 year onsite warranty36,320

1301 - Electoral Board 8001 Optical Scan Machines - DS 200 - 30 @ $5,900 177,000Express Vote Machines - 30 @ $3,500 105,000DS 200 thumb drives (2 G) - 10 @ $75 750DS 200 thermal paper rolls - 50 @ $1.15 58Personal Voting Booths - 20 x 10 pack @ $200 4,000Election Day On-Site Support (2 times for 3 days each) 8,250Training - GR, EB, Machine Tech, Custodian 12,600Shipping & Handling 4,950Other Miscellaneous Supplies 2,000

Additional discounts & Trade-In Allowance for 128 (32,843) iVotronic machines

281,765

2201 - Commonwealth Attorney 8005 Vehicle - to replace Investigator's 2005 Impala with over 40,000 50,000 miles 40,000

3102 - Sheriff 8001 3 Thermal Imagers-to be used by Patrol/Search & Rescue 21,4208001 Automated Fingerprint Identification System 75,0008001 Scene Scope Digital Imager 22,0498001 Computerized Polygraph Instrument-replace old machine 7,0008005 Cruisers - unmarked @ $26,571 each x 4 106,2848005 Ford Explorer 25,977

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2 9/17/2015

Line Total perDepartment Item Description Amount Department

8005 Tactical/Hostage Negotiation Vehicle 75,0008005 Cruisers - marked @ $26,571 each x 16 425,136

757,866

3505 - Fire and Rescue 8003 Radio Equipment - includes equipment for new vehicles 42,0008005 1 2015 Ford F150 Extended Cab 4WD (RM) 25,6758005 1 2015 Ford F250 4WD Diesel (New FM) 35,0008005 1 2015 Ford F150 Extended Cab 4WD (New FM) 25,6758005 1 2015 Ford F150 Extended Cab TR10-3(New) 25,6758005 1 2015 Ford F150 Extended Cab TR10-4(New) 25,6758005 Replacement of Engine 10 550,0008007 PortaCount and required equipment 20,0008009 Gas Meter - 14 @ $5,750 each 80,5008009 HP Scanner/Plotter (Large-Scale) 8,0008009 Laerdal SimMan3G Training Manikin (Grant Match) 50,0008009 Laerdal SimJunior Training Manikin (Grant Match) 50,0008009 Laerdal SimBaby Training Manikin (Grant Match) 50,0008009 Noelle Obstetrical Training Manikin (Grant Match) 10,0008009 Hydraulic Extrication Equipment 60,000

1,058,200

3506 - Public Safety Communications 8001 Replacement of HVAC unit at North Mountain radio tower 6,000 site - current unit over 20 years old 6,000

4304 - County Office Buildings 8001 AC Climate Control Project for Courthouse 25,00025,000

5316 - Social Services Admin. 8005 Motor Vehicles - new vehicle 25,00025,000

7101 - Parks Administration 8007 FinTrac - Time Management Software 30,0008700 Land - Abrams Creek Trail Easements 75,0008800 Buildings - Indoor Aquatic Center Design 480,000

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Line Total perDepartment Item Description Amount Department

8900 Improvements - Snowden Bridge Design 235,000820,000

7103 - Parks Maintenance 8005 Van - 7 passenger - replacement 30,0008005 Van - 13 passenger - replacement 45,0008900 Spray ground & slides at existing Sherando & Clearbrook 1,352,000

park pools1,427,000

7104 - Recreation Centers 8002 1 Wii Entertainment Center 6,2758002 Fitness equipment for Community Centers 35,000

41,275

7109 - Clearbrook Park 8001 Z-Turn Mower - Replacement 9,3508001 40 HP Tractor - Replacement 30,0008001 2 Electric Carts - replace 2 golf carts 22,0008900 Pool Building Siding Replacement 32,500

93,850

7110 - Sherando Park 8001 2 Z-Turn Mowers - Replacement 25,6008001 Tractor - Replacement 42,0008005 Dump trailer and surplus dump truck 6,0008005 3/4 Ton Pickup - Replacement 34,0008900 Pool Building Siding Replacement 32,5008900 Softball Complex Irrigation Well Improvements 28,0008900 Playground Replacement 25,0008900 Facility Water Line Replacement 3700 Feet 30,0008900 Northwest Sherando Park Development 770,0008900 Sherando Park Softball Complex Construction Documents 51,000

1,044,100

Total Remaining Capital Needs - General Fund 5,701,376

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FINANCE/AUDIT COMMITTEE SURVEY SUMMARY

# OF RESPONSES: 7

TOO FEW 1 JUST RIGHT 6

JUST RIGHT 7

NOT ENOUGH 1 JUST RIGHT 6

NOT ENOUGH 1 JUST RIGHT 6

NO 1 YES 6

Sometimes it's unclear the $ value of request being made. If the agenda indicated the dollar amount for each transaction on the agenda that would help. (Most times this information is there). For an example - the amount from this morning from NSVRC. We held a lengthy discussion over $1,200. It was shown in the detail, however it would be helpful on the agenda as well.

Survey distributed to 6 committee members, 2 non-voting liasons, County Administrator, Asst. County Administrator

Currently, the Finance/Audit Committee members consist of 3 Board of Supervisors, 3 Citizens and 2 non-voting liaisons (Treasurer & Commissioner). The number of members is

If the Treasurer and Commissioner are non-voting liaisons, shouldn't the County Administrator be as well?

Currently, Finance Committee meetings are held monthly and Audit Committee meetings are held as needed (usually following a scheduled Finance Committee meeting). The meeting frequency is

Do you feel that the amount and type of information provided on Finance Committee agenda items is

Do you feel that the amount and type of information provided to the Audit Committee is

Do you feel that the current role of the Finance/Audit Committee meets the purpose and responsibilities currently listed in the charter?

Item number 3 Audit Committee Charter (Section IV Responsibilities B. Audit) indicates that a meeting with external auditor during entrance conference should occur. Currently the Committee as a whole is not a part of this discussion to my knowledge. Item number 4 Audit Committee Charter (Section IV Responsibilities B. Audit) internal audit including review and approval of the internal annual audit work plan, reports and recommendations. Currently the Committee as a whole is not a part of this discussion to my knowledge.

Please provide any additional thoughts, comments and/or suggestions.Some staff is unclear when things should go to Finance Committee and when to HR, for example. If rules exist, training is needed.

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Frederick County Board of Supervisor’s

Finance/Audit Committee Charter

I. Organization

There shall be a committee of the Board of Supervisors (“Board”) of Frederick County, Virginia (“County”) known as the Finance Committee (“Committee”). The Committee shall be comprised of three (3) members of the Board of Supervisors who will be appointed by the Chairman of the Board, with one appointed as Chair, three (3) citizen members as appointed by the Chairman of the Board, and two (2) non-voting liaisons: the County Treasurer and the County Commissioner of the Revenue. The Finance Director will serve as secretary of the Committee with the duties including preparing agendas and reports to the Board. This Charter shall govern the Committee with regard to its duties and responsibilities. The goal of the Committee shall be to provide oversight for all financial policies, procurement policy, financial planning, risk management, debt issuance, budget development and other fiscal related issues. II. Purpose

The primary function of the Committee is to review matters of a financial nature including proposed changes to fiscal/procurement policies and the review and recommendation for matters of a financial nature coming forward to the Board including, but not limited to, supplemental appropriations, transfers and contracts. The Committee’s primary duties and responsibilities are as follows:

• To provide to the Board means for determining the manner in which policies, programs, and resources authorized by the Board are being deployed by management consistent with the intent of the Board and in compliance with all appropriate statutes, ordinances, and directives. • Develop and submit reports, draft policies and/or recommendations regarding audits and the finances of the County to the full Board for its consideration. • To serve as the Audit Committee to assist the Board in carrying out its oversight responsibilities by reviewing financial information provided in the County’s annual financial report. The Committee will primarily fulfill these responsibilities by carrying out the activities

enumerated in Section IV of this Charter.

III. Meetings and Quorum

The Committee shall meet monthly or more or less frequently as circumstances dictate. The Chairman of the Board, the Chair of the Committee, or a majority of the Committee members may call or cancel meetings of the Committee. The Chair of the Committee shall prepare or approve an agenda in advance of each meeting. The County Administrator and the Director(s) with the responsibilities for finance shall be invited to all meetings. Other management officials and counsel to the Board may be invited as necessary. With the exception of Directors, the Chair may excuse any non-Committee members from attendance at any meeting or portion of any meeting. A majority of the total Committee composition shall constitute a quorum for the purposes of conducting the business of the Committee.

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IV. Responsibilities The Committee shall have the following duties and responsibilities:

A. Finance

1. Review and advise the Board and senior management of the County with respect to finance initiatives, policies and procedures, including activities relating to procurement.

2. Provide direction during the preparation of the annual budget. Review the County

Administrator’s final budget proposal and provide recommendations to the Board with respect to those proposals including tax rates and fees.

3. Review and advise the Board on supplemental appropriation requests, transfers and change

orders as dictated by policy. 4. Review the budgetary and financial implications of management’s tactical and strategic

plans. 5. Review periodic or interim budget and/or financial statements to ensure the County is

operating within approved financial and budgetary allocations and that the County is appropriately safeguarding its financial resources.

B. Audit

1. Perform independent review and execute oversight of the financial reporting process, internal controls and independent auditors. 2. Provide a forum separate from management in which auditors and other interested parties can discuss the annual audit. 3. Meet with the external auditors during the entrance and exit conferences and at other times as needed or upon request of the external auditors. Review and approve the annual external audit engagement letter.

4. Manage the County’s internal audit function including review and approval of the internal annual audit work plan, reports and recommendations. The internal auditor shall report functionally to the Chair of the committee or designee. The Committee chair, along with the County Administrator and Finance Director, shall conduct annual evaluations of the auditor's performance. The Committee Chairman shall participate in decisions regarding the appointment of the internal auditor and the acceptance of the internal audit plan.

C. Other Duties Related to Review, Reports and Improvement Procedures

1. Review and reassess annually the adequacy of this Charter, and conduct an annual self-

assessment of this Committee’s performance. 2. Report all meetings of the Committee to the Board on the matters discussed at each

Committee meeting, as appropriate.

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3. Perform any other activities consistent with this Charter, the County’s goals, objectives and governing law, as the Committee or the Board deems necessary or appropriate. Original: Adopted by Board of Supervisors 1/25/2012 Revisions: 9/9/2013: reduced Board of Supervisor representatives from four (4) to three (3) 9/29/2014: no changes

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Charles S. DeHaven Jr. 2075 Martinsburg Pike Winchester, VA 22603-4715 20 October, 2015 Brenda G. Garton, Finance Staff, and Committee Members 107 N. Kent Street Winchester, VA 22601 IE: FY 2017 Budget Priorities. Dear Ms. Garton; In an attempt to help find budget direction and aid staff in appropriately prioritizing budget requests and suitably recommending proposed budget cuts or allocating resources, I offer the following recommendations. It appears we will need to continue to concentrate on addressing our public safety issues. We would all like to see a reduction, but it is anticipated that the property tax rates will likely remain constant. The annual use of up to 4.3 million of fund balance funding could continue to be considered to balance the FY 2017 budget. We should attempt to allocate new funding with the school system on a basis consistent with the current funding allocation. There is still a desire to identify and quantify deferred capital investments to accomplish the development of a prioritized plan to catch up on these issues. While committed to minimizing the size of government where ever possible, the Public Safety and Educational needs of our community should be a priority.

Sincerely, Chuck DeHaven

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FY16 SEPTEMBER 2015 BUDGET TRANSFERS DATE DEPARTMENT/GENERAL FUND REASON FOR TRANSFER FROM TO ACCT CODE AMOUNT

9/1/2015 FIRE AND RESCUE PROMOTIONS 3505 1001 000 007 3,252.00 FIRE AND RESCUE 3505 1007 000 001 (3,252.00) FIRE AND RESCUE 3505 1001 000 090 3,250.00 FIRE AND RESCUE 3505 1007 000 001 (3,250.00) FIRE AND RESCUE 3505 1001 000 062 3,249.88 FIRE AND RESCUE 3505 1007 000 001 (3,249.88) PUBLIC SAFETY COMMUNICATIONS 3506 1001 000 011 2,297.20 PUBLIC SAFETY COMMUNICATIONS 3506 1001 000 003 (2,297.20)

9/9/2015 COUNTY OFFICE BUILDINGS /COURTHOUSE MILLWOOD FIRE STATION BUILDING MAINTENANCE 4304 3002 000 021 1,000.00 COUNTY OFFICE BUILDINGS /COURTHOUSE 4304 3004 000 021 2,500.00 COUNTY OFFICE BUILDINGS /COURTHOUSE 4304 3004 000 022 2,000.00

COUNTY OFFICE BUILDINGS /COURTHOUSE 4304 3005 000 021 10,000.00 COUNTY OFFICE BUILDINGS /COURTHOUSE 4304 3010 000 021 1,000.00 COUNTY OFFICE BUILDINGS /COURTHOUSE 4304 5101 000 021 20,000.00

COUNTY OFFICE BUILDINGS /COURTHOUSE 4304 5102 000 021 12,000.00 COUNTY OFFICE BUILDINGS /COURTHOUSE 4304 5103 000 021 12,000.00


COUNTY OFFICE BUILDINGS /COURTHOUSE 4304 5204 000 021 5,000.00 COUNTY OFFICE BUILDINGS /COURTHOUSE 4304 5403 000 021 800.00 COUNTY OFFICE BUILDINGS /COURTHOUSE 4304 5405 000 021 3,000.00


COUNTY OFFICE BUILDINGS /COURTHOUSE 4304 5413 000 021 600.00 TRANSFERS/CONTINGENCY 9301 5890 000 000 (85,900.00)

9/11/2015 County Administrator REPLACE PUBLIC INFORMATION OFFICER'S LAPTOP 1201 5401 000 000 2,900.00 Other 1224 3002 000 000 (2,900.00)

9/11/2015 COUNTY ADMINISTRATOR COVER DEFICIT IN LINE ITEM FOR RETREAT, ETC. 1201 5506 000 000 (500.00) COUNTY ADMINISTRATOR 1201 5413 000 000 500.00

9/14/2015 CLEARBROOK PARK PLAYGROUND REPLACEMENT PARTS 7109 5407 000 000 10,000.00 CLEARBROOK PARK 7109 5407 000 000 7,000.00 SHERANDO PARK 7110 5107 000 000 (10,000.00)

SHERANDO PARK 7110 3004 000 003 (7,000.00) 9/14/2015 PARKS AND RECREATION ADMINISTRATION VSI BROCHURE INTERFACE 7101 3006 000 000 (1,600.00) PARKS AND RECREATION ADMINISTRATION 7101 3005 000 000 1,600.00 9/15/2015 REASSESSMENT/BOARD OF ASSESSORS CONTINUING EDUCATION REAL ESTATE 1210 5204 000 000 (700.00)

REASSESSMENT/BOARD OF ASSESSORS 1210 5506 000 000 700.00 9/15/2015 PLANNING TRANSFER FUNDS FOR SALARY INCREASE 8101 1001 000 036 753.23

PLANNING 8101 1003 000 000 (753.23) 9/24/2015 COUNTY OFFICE BUILDINGS/COURTHOUSE REPAIRS TO GENERATOR AT MILLWOOD FIRE STATION 4304 3005 000 021 (1,778.25)

COUNTY OFFICE BUILDINGS/COURTHOUSE 4304 3004 000 022 1,778.25 9/30/2015 CLERK OF THE CIRCUIT COURT CERITFICATION IN THE VCCA 2106 5506 000 000 (175.00)

CLERK OF THE CIRCUIT COURT 2106 5801 000 000 175.00 9/30/2015 RECREATION CENTERS AND PLAYGOUNDS NEW HIRE 7104 1001 000 027 457.91

RECREATION CENTERS AND PLAYGOUNDS 7104 1003 000 000 (457.91)

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Unreserved Fund Balance, Beginning of Year, July 1, 2015 42,344,282

Prior Year Funding & Carryforward Amounts

C/F Rose Hill Park (168,000)C/F Sherando Park master plan (22,780)

C/F DARE (400)C/F Abbott Grant (33,854)C/F Fire Company Capital (274,086)Reserve E‐summons funds (38,816)C/F Fire Program funds (29,521)Reserve P&R Play Fund funds (6,932)School encumbrances (581,267)C/F Forefeited assets (58,035)

(1,213,692)

Other Funding / Adjustments

Parks returned unused proffer (710)

COR refund ‐ Brookfield Stephenson Village (20,539)

COR refund ‐ Ally Financial (5,405)

COR refund ‐ Ford Motor Credit (2,930)

COR refund ‐ Opal Oil (4,070)

Treasurer drive through repair (30,000)

Circuit Clerk ‐ deputy clerk position (10,913)

Airport capital (63,818)

Gainesboro site retainage 5,960

COR refund ‐ disabled veteran (3,689)

COR refund ‐ Greenway Engineering (12,753)

COR refund ‐ Navitus Engineering (42,560)

COR refund ‐ Citizens Asset Finance (5,736)

COR refund ‐ Carrier Enterprises (144,392)

School (200,000)

(541,555)

Fund Balance, October 15, 2015 40,589,036

County of Frederick, VA

Report on Unreserved Fund Balance

October 15, 2015

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County of FrederickGeneral FundSeptember 30, 2015

ASSETS FY16 FY15 Increase

9/30/15 9/30/14 (Decrease)

Cash and Cash Equivalents 51,316,015.77 48,673,050.71 2,642,965.06 *APetty Cash 1,555.00 1,555.00 0.00 Receivables: Taxes, Commonwealth,Reimb.P/P 41,433,757.29 40,571,325.87 862,431.42 Streetlights 16,476.70 16,842.75 (366.05)Miscellaneous Charges 75,559.01 50,322.47 25,236.54 Due from Fred. Co. San. Auth. 734,939.23 734,939.23 0.00 Prepaid Postage 2,498.97 2,815.67 (316.70) GL controls (est.rev / est. exp) (12,370,258.09) (6,676,667.23) (5,693,590.86) (1) Attached

TOTAL ASSETS 81,210,543.88 83,374,184.47 (2,163,640.59)

LIABILITIES

Accrued Liabiliies 8,381.47 10,858.82 (2,477.35)Performance Bonds Payable 446,664.24 399,414.35 47,249.89 Taxes Collected in Advance 209,454.96 89,404.88 120,050.08 *B Deferred Revenue 41,517,557.75 40,625,744.82 891,812.93 *C

TOTAL LIABILITIES 42,182,058.42 41,125,422.87 1,056,635.55

EQUITY

Fund Balance Reserved: Encumbrance General Fund 404,416.85 327,794.42 76,622.43 (2) Attached Conservation Easement 4,779.85 4,779.85 0.00 Peg Grant 137,071.75 244,254.00 (107,182.25) *D Prepaid Items 949.63 949.63 0.00 Advances 734,939.23 734,939.23 0.00 Employee Benefits 93,120.82 93,120.82 0.00 Courthouse Fees 269,039.57 222,145.76 46,893.81 *E Historical Markers 17,322.25 17,283.35 38.90 Animal Shelter 335,530.02 335,530.02 0.00 Proffers 2,042,419.80 4,023,780.67 (1,981,360.87) (3) Attached Economic Development Incentive 0.00 550,000.00 (550,000.00) Parks Reserve 6,932.25 0.00 6,932.25 E-Summons Funds 38,816.25 0.00 38,816.25 VDOT Revenue Sharing 436,270.00 436,270.00 0.00 Undesignated Adjusted Fund Balance 34,506,877.19 35,257,913.85 (751,036.66) (4) Attached TOTAL EQUITY 39,028,485.46 42,248,761.60 (3,220,276.14)

TOTAL LIAB. & EQUITY 81,210,543.88 83,374,184.47 (2,163,640.59)

NOTES:*A The cash increase reflects prior year surplus.*B Prepayment of taxes.*C Deferred revenue includes taxes receivable, street lights, misc.charges,dog tags, and motor vehicle registration fees.*D Upgrade board room audio visual and broadcasting equipment in the amount of $178,122.95 from Comcast providedPEG funds.*E Previously ADA Fees.

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BALANCE SHEET

(1) GL Controls FY16 FY15 Inc/(Decrease) Est.Revenue 147,578,927 138,309,377 9,269,550 Appropriations (67,330,875) (59,188,386) (8,142,488) Est.Tr.to Other fds (93,022,727) (86,125,452) (6,897,275) Encumbrances 404,417 327,794 76,622

(12,370,258) (6,676,667) (5,693,591) General Fund Purchase Orders Outstanding @9/30/15

DEPARTMENT AmountClerk 3,433.87 Konica Minolta Printer/Copier/Scanner

Fire & Rescue 789.28 Dual Band Radio System49,223.72 Uniforms

General Fund Departments 29,752.10 (30) Dell Desktop & (14) Laptop PC'sINSPECTIONS 26,632.40 2015 Chevrolet Colorado Truck

Parks 400.00 Rose Hill Park Engineering Service48,750.00 (2) Chevrolet Silverado Trucks

5,100.00 (1,500) Dry Fit Sports Caps for the Half Marathon17,625.00 (1,500) Long Sleeve T-Shirts for the Half Marathon25,336.50 Special Events T-Shirts

5,290.80 Half Marathon Awards18,477.70 Playground Equipment Replacement Parts

Refuse Collection 7,545.15 Repair 2006 Ford PickupSheriff 8,475.00 (15) Body Armor

12,672.62 (17) Pistols and (7)Rifles21,717.00 Camera System with (2) Cameras

4,773.65 Uniforms30,095.52 (12) Tactical Vests & (24) Hard Armor Plates

7,215.00 (5) Raptor Radar Units 81,111.54 2015 Police Interceptor,2016 Ford Explorer, 2015 F150

Total 404,416.85 Designated(3)Proffer Information Other

SCHOOLS PARKS FIRE & RESCUE Projects TOTALBalance @9/30/15 54,706.90 435,280.16 491,139.40 1,061,293.34 2,042,419.80Designated Other Projects DetailAdministration 218,936.34Bridges 1,000.00 Historic Preservation 108,000.00 12/11/14 Board Action designated $50,000 for final debt paymentLibrary 101,206.00 on the Huntsberry property.Rt.50 Trans.Imp. 10,000.00 Rt. 50 Rezoning 25,000.00 Rt. 656 & 657 Imp. 25,000.00RT.277 162,375.00Sheriff 41,776.00Solid Waste 12,000.00Stop Lights 26,000.00BPG Properties/Rt.11 Corridor 330,000.00Total 1,061,293.34Other Proffers @9/30/15(4) Fund Balance Adjusted Ending Balance 9/30/15 40,647,070.52 Revenue 9/15 14,444,657.94 Expenditures 9/15 (15,663,976.88) Transfers 9/15 (4,920,874.39) 9/15 Fund Balance Adjusted 34,506,877.19

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mailto:Balance@10/31/14

County of FrederickComparative Statement of Revenues, Expendituresand Changes in Fund BalanceSeptember 30, 2015

FY16 FY15 YTDREVENUES: 9/30/2015 9/30/2014 Actual

Appropriated Actual Actual Variance

General Property Taxes 100,608,073.00 4,107,361.52 3,850,742.17 256,619.35 (1)Other local taxes 31,899,849.00 3,485,541.07 3,309,804.07 175,737.00 (2)Permits & Privilege fees 1,663,682.00 635,954.64 463,583.51 172,371.13 (3)Revenue from use of money and property 152,466.00 60,118.49 70,331.47 (10,212.98) (4)Charges for Services 2,478,226.00 602,925.65 557,966.12 44,959.53Miscellaneous 532,980.87 64,015.90 124,908.96 (60,893.06)Recovered Costs 1,317,691.00 833,465.31 882,754.41 (49,289.10) (5)Intergovernmental: Commonwealth 8,886,959.00 4,641,731.67 4,681,148.69 (39,417.02) (6) Federal 39,000.00 13,543.69 5,968.00 7,575.69 (7)Transfers . 0.00 0.00 0.00

TOTAL REVENUES 147,578,926.87 14,444,657.94 13,947,207.40 497,450.54

EXPENDITURES:

General Administration 10,018,597.24 2,315,622.94 1,979,488.46 336,134.48Judicial Administration 2,407,208.85 530,240.51 480,805.30 49,435.21Public Safety 32,247,522.65 7,968,997.10 7,996,678.88 (27,681.78)Public Works 4,948,422.68 1,074,141.42 765,727.92 308,413.50Health and Welfare 8,177,956.00 1,876,825.64 1,689,220.00 187,605.64Education 56,000.00 14,000.00 14,000.00 0.00Parks, Recreation, Culture 6,312,979.24 1,581,099.22 1,417,049.04 164,050.18Community Development 1,996,044.95 303,050.05 806,526.77 (503,476.72)

TOTAL EXPENDITURES 66,164,731.61 15,663,976.88 15,149,496.37 514,480.51 (8)

OTHER FINANCING SOURCES ( USES):

Operating transfers from / to 94,188,870.20 4,920,874.39 1,732,532.74 3,188,341.65 (9)

Excess (deficiency)of revenues & othersources over expenditures& other uses (12,774,674.94) (6,140,193.33) (2,934,821.71) 3,205,371.62

Fund Balance per General Ledger 40,647,070.52 38,172,735.56 2,474,334.96

Fund Balance Adjusted to reflect 34,506,877.19 35,237,913.85 (731,036.66)Income Statement 9/30/15

`

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(1)General Property Taxes FY16 FY15 Increase/DecreaseReal Estate Taxes 1,443,670 1,368,737 74,933 Personal Property 2,443,694 2,239,959 203,735 Penalties and Interest 128,790 129,237 (448) Credit Card Chgs./Delinq.Advertising (21,862) (18,554) (3,308) Adm.Fees For Liens&Distress 113,070 131,364 (18,294)

4,107,362 3,850,742 256,619

(2) Other Local TaxesLocal Sales and Use Tax 1,069,362.57 1,046,724.23 22,638.34 Communications Sales Tax 110,320.76 112,870.43 (2,549.67) Utility Taxes 490,519.48 417,507.81 73,011.67 Business Licenses 516,976.25 514,230.36 2,745.89 Auto Rental Tax 23,484.62 21,871.64 1,612.98 Motor Vehicle Licenses Fees 80,870.31 82,811.90 (1,941.59) Recordation Taxes 394,023.18 322,039.10 71,984.08 Meals Tax 715,564.73 718,109.47 (2,544.74) Lodging Tax 83,727.95 72,583.38 11,144.57 Street Lights 390.36 815.75 (425.39) Star Fort Fees 300.86 240.00 60.86 Total 3,485,541.07 3,309,804.07 175,737.00 (3)Permits&Privileges Dog Licenses 12,241.00 14,689.00 (2,448.00) Transfer Fees 913.50 739.80 173.70 Development Review Fees 185,322.69 94,353.50 90,969.19 Building Permits 293,773.46 263,472.56 30,300.90 2% State Fees 10,961.27 11,582.15 (620.88) Electrical Permits 33,335.00 20,395.00 12,940.00 Plumbing Permits 6,099.00 2,565.00 3,534.00 Mechanical Permits 40,776.00 14,017.50 26,758.50 Sign Permits 1,651.72 720.00 931.72 Permits for Commercial Burning - 75.00 (75.00) Explosive Storage Permits - 200.00 (200.00) Blasting Permits 150.00 90.00 60.00 Land Disturbance Permits 50,731.00 40,384.00 10,347.00 Sewage Installation License - 300.00 (300.00) Total 635,954.64 463,583.51 172,371.13 (4) Revenue from use of Money 53,173.55 65,466.62 (12,293.07) Property 6,944.94 4,864.85 2,080.09 Total 60,118.49 70,331.47 (10,212.98)

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(5) Recovered Costs FY16 FY15 Increase/Decrease

Recovered Costs Treas.Office 41,340.00 - 41,340.00 Worker's Comp 350.00 300.00 50.00 Purchasing Card Rebate 162,373.76 98,068.29 64,305.47 Recovered Costs-IT/GIS 313.98 - 313.98 Reimbursement Circuit Court 3,549.62 2,558.14 991.48 Reimb.Public Works/Planning Clean Up 570.00 - 570.00 Clarke County Container Fees 23,332.67 11,684.98 11,647.69 City of Winchester Container Fees 17,709.25 8,110.50 9,598.75 Refuse Disposal Fees 26,416.46 15,506.01 10,910.45 Recycling Revenue 11,768.48 22,563.08 (10,794.60) Fire & Rescue Merchandise(Resale) 1,050.00 - 1,050.00 Container Fees Bowman Library 437.64 430.26 7.38 Litter-Thon/Keep VA Beautiful Grant 500.00 - 500.00 Restitution Victim Witness 4,445.00 5,916.61 (1,471.61) Reimb.of Expenses Gen.District Court 5,850.02 7,767.24 (1,917.22) Reimb.Task Force 16,887.70 16,069.72 817.98 Sign Deposits Planning 50.00 (50.00) 100.00 Reimbursement-Construction Projects - 385,799.69 (385,799.69) *1

Westminster Canterbury Lieu of Tax - 12,225.05 (12,225.05) Comcast PEG Grant 17,879.40 17,741.25 138.15

Proffer-Other 157,500.46 449.50 157,050.96 *2

Fire School Programs 9,340.00 11,275.00 (1,935.00) Proffer Redbud Run 25,816.00 12,908.00 12,908.00 Clerks Reimbursement to County 2,847.04 2,142.43 704.61 Proffer Canter Estates 20,439.85 - 20,439.85 Proffer Village at Harvest Ridge 4,617.00 3,078.00 1,539.00 Proffer Southern Hills 9,820.00 Proffer Snowden Bridge 135,623.40 115,279.89 20,343.51 Proffer Meadows Edge Racey Tract 120,864.00 120,864.00 - Sheriff Reimbursement 1,011.58 7,185.77 (6,174.19) Proffer Westbury Commons 1,000.00 - 1,000.00 Proffer Cedar Meadows Proffer 9,762.00 4,881.00 4,881.00 Total 833,465.31 882,754.41 (49,289.10)

*1 Reimbursement for the Round Hill Fire and Rescue Station and Event Center design. *2 Blackburn Commerce Center Rezoning/Transportation Improvement $153,600.46

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(6) Commonwealth Revenue 9/30/2015 9/30/2014FY16 FY15 Increase/Decrease

Motor Vehicle Carriers Tax 37,721.45 36,948.73 772.72 Mobile Home Titling Tax 29,477.94 21,558.45 7,919.49 Recordation Taxes 81,547.51 90,332.37 (8,784.86) P/P State Reimbursement 2,610,611.35 2,610,611.27 0.08 Shared Expenses Comm.Atty. 76,907.59 65,924.35 10,983.24 Shared Expenses Sheriff 372,030.70 378,874.27 (6,843.57) Shared Expenses Comm.of Rev. 34,677.35 34,412.57 264.78 Shared Expenses Treasurer 25,291.13 25,196.37 94.76 Shared Expenses Clerk 59,821.43 57,074.99 2,746.44 Public Assistance Grants 990,017.63 893,063.10 96,954.53 *1Litter Control Grants - 15,515.00 (15,515.00) Emergency Services Fire Program 214,535.00 239,007.00 (24,472.00) DMV Grant Funding 5,462.99 12,342.03 (6,879.04) DCJS & Sheriff (State Grants) - 99,064.88 (99,064.88) *2JJC Grant Juvenile Justice 32,090.00 32,090.00 - Rent/Lease Payments 52,501.61 50,885.27 1,616.34 Wireless 911 Grant 11,211.57 14,033.91 (2,822.34) State Forfeited Asset Funds 7,826.42 4,080.25 3,746.17 F/R OEMS Reimb. - 133.88 (133.88)

Total 4,641,731.67 4,681,148.69 (39,417.02) *1 Increase for Special Needs*2 Abbott Grant FY15 $99,064.88

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County of Frederick General Fund September 30, 2015 (7) Federal Revenue FY16 FY15 Increase/DecreaseFederal Forfeited Assets 10,612.69 5,968.00 4,644.69 Emergency Services Grant 2,931.00 - 2,931.00 Total 13,543.69 5,968.00 7,575.69 (8) Expenditures Expenditures increased $514,480.51. General Administration increased $336,134.48 and reflects Fire, Public Officials, and General liability insurance charges that were October entries in the previous year. Additionally, tax refunds increased $191,007.49 year to date. Public Works increased $308,413.50 and includes insurance charges that were October entries in the previous year. Also, the County share of the Courthouse Complex maintenance increased $113,816.00, Engineering purchased a 2015 Chevrolet Colorado truck ($26,632), Refuse a 30 yard recycling can and compactor ($17,475) and Maintenance Administration a 2015 Ford F150 truck ($27,963). The decrease in Community Development reflects the $500,000.00 transfer to the Economic Development Authority for the H.P. Hood incentive. The Transfers increased $3,188,341.65. See chart below:

(9) Transfers increased $3,188,341.65 FY16 FY15 Increase/DecreaseTransfer to School Operating 581,267.27 109,448.47 471,818.80 *1Transfer to Debt Service County 1,138,343.73 195,196.63 943,147.10 *2Transfer to Capital Projects Fund 0.00 1,000,000.00 (1,000,000.00) *3Transfer to School Construction 3,200,000.00 - 3,200,000.00 Operational Transfers 1,263.39 427,887.64 (426,624.25) *4

Total 4,920,874.39 1,732,532.74 3,188,341.65 *1 Increase in FY15 School Operating Transfer.*2 FY16 payments include the Bowman Library, Roundhill, Public Safety Building, and Animal Shelter.*3 Proffer for Round Hill Fire and Rescue Event Center Site Plan Development.*4 Timing of insurance charge outs.

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County of Frederick FUND 11 NORTHWESTERN REGIONAL ADULT DETENTION CENTER September 30, 2015

ASSETS FY2016 FY2015 Increase9/30/15 9/30/14 (Decrease)

Cash 6,270,450.14 4,747,859.10 1,522,591.04 *1Accounts Receivable 0.00 0.00GL controls(est.rev/est.exp) (660,557.89) (433,487.65) (227,070.24)

TOTAL ASSETS 5,609,892.25 4,314,371.45 1,295,520.80

LIABILITIESAccrued Operating Reserve Costs 2,258,904.00 2,115,099.00 143,805.00

TOTAL LIABILITIES 2,258,904.00 2,115,099.00 143,805.00

EQUITYFund Balance Reserved Encumbrances 117,594.45 91,202.02 26,392.43 Undesignated Fund Balance 3,233,393.80 2,108,070.43 1,125,323.37 *2

TOTAL EQUITY 3,350,988.25 2,199,272.45 1,151,715.80

TOTAL LIABILITY & EQUITY 5,609,892.25 4,314,371.45 1,295,520.80

NOTES:*1 Cash increased $1,522,591.04. Refer to the following page for comparative statement of revenue and expenditures and changes in fund balance.*2 Fund balance increased $1,125,323.37. The beginning balance for FY16 was $3,209,470.54 and includesadjusting entries, budget controls FY16($725,046.00), and the year to date revenue less expenditures of$748,969.26.

Current Unrecorded Accounts Receivable- FY2016

Prisoner Billing: 35,794.52 .

Compensation Board Reimbursement 9/15 443,902.97

Total 479,697.49

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County of FrederickComparative Statement of Revenues, Expenditures

and Changes in Fund Balance9/30/15

FUND 11 NORTHWESTERN REGIONAL ADULT DETENTION CENTERFY2016 FY2015

REVENUES: 9/30/15 9/30/14 YTD ActualAppropriated Actual Actual Variance

Credit Card Probation - 32.75 39.88 (7.13) Supervision Fees 41,696.00 8,350.50 10,608.00 (2,257.50) Drug Testing Fees 5,000.00 - 325.00 (325.00) Work Release Fees 355,828.00 61,091.05 54,140.51 6,950.54Federal Bureau Of Prisons 0.00 165.00 1,110.48 (945.48)Local Contributions 6,495,106.00 3,247,553.00 2,003,330.68 1,244,222.32Miscellaneous 15,000.00 842.30 1,259.37 (417.07)Phone Commissions 345,000.00 0.00 0.00 0.00Food & Staff Reimbursement 130,000.00 7,474.85 11,729.61 (4,254.76)Elec.Monitoring Part.Fees 90,000.00 15,121.19 15,829.17 (707.98)Share of Jail Cost Commonwealth 1,097,197.00 0.00 0.00 0.00Medical & Health Reimb. 68,000.00 13,658.81 12,410.51 1,248.30Shared Expenses CFW Jail 5,090,140.00 838,473.48 842,843.23 (4,369.75)State Grants 250,263.00 0.00 0.00 0.00Local Offender Probation 252,286.00 0.00 0.00 0.00Transfer From General Fund 5,103,298.00 1,275,824.50 1,295,491.62 (19,667.12)TOTAL REVENUES 19,338,814.00 5,468,587.43 4,249,118.06 1,219,469.37

EXPENDITURES: 20,116,966.34 4,719,618.17 4,369,204.74 350,413.43

Excess(Deficiency)of revenues overexpenditures 748,969.26 (120,086.68) 869,055.94

FUND BALANCE PER GENERAL LEDGER 2,484,424.54 2,228,157.11 256,267.43

Fund Balance Adjusted To Reflect 3,233,393.80 2,108,070.43 1,125,323.37Income Statement 9/30/15

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County of FrederickFund 12 LandfillSeptember 30, 2015

FY2016 FY2015 IncreaseASSETS 9/30/15 9/30/14 (Decrease)

Cash 32,365,584.97 30,907,105.37 1,458,479.60 Receivables: Fees 701,546.44 632,349.41 69,197.03 *1Accounts Receivable Other 0.00 248.00 (248.00) Allow.Uncollectible Fees (84,000.00) (84,000.00) 0.00Fixed Assets 44,899,611.07 43,682,208.64 1,217,402.43Accumulated Depreciation (26,818,616.30) (25,115,864.21) (1,702,752.09) GL controls(est.rev/est.exp) (647,529.88) (3,047,323.16) 2,399,793.28

TOTAL ASSETS 50,416,596.30 46,974,724.05 3,441,872.25

LIABILITIES

Accounts Payable - - Accrued VAC.Pay and Comp TimePay 191,362.47 178,911.24 12,451.23Accrued Remediation Costs 12,233,415.93 11,938,535.78 294,880.15 *2Retainage Payable 0.00 9,244.62 (9,244.62)Deferred Revenue Misc.Charges 0.00 248.00 (248.00)

TOTAL LIABILITIES 12,424,778.40 12,126,939.64 297,838.76

EQUITYFund Balance Reserved: Encumbrances 83,940.12 433,066.06 (349,125.94) *3 Land Acquisition 1,048,000.00 1,048,000.00 0.00 New Development Costs 3,812,000.00 3,812,000.00 0.00 Environmental Project Costs 1,948,442.00 1,948,442.00 0.00 Equipment 3,050,000.00 3,050,000.00 0.00 Undesignated Fund Balance 28,049,435.78 24,556,276.35 3,493,159.43 *4

.TOTAL EQUITY 37,991,817.90 34,847,784.41 3,144,033.49

TOTAL LIABILITY AND EQUITY 50,416,596.30 46,974,724.05 3,441,872.25

NOTES: *1 Landfill receivables increased $69,197.03. Landfill fees at 9/15 were $507,954.21 compared to $442,305.19at 9/14 for an increase of $65,649.02. Delinquent fees at 9/15 were $190,056.09 compared to $186,168.23 at 9/14for an increase of $3,887.86.*2 Remediation increased $294,880.15 and includes $265,000.00 for post closure and $29,880.15 interest.*3 The encumbrance balance at 9/30/15 was $83,940.12 and includes a 329E compact track loader for $50,552.75a 2016 Ford F250 with snow plow for $32,042, (1) Dell desktop, and (1) Dell laptop totaling $1,345.37.*4 Fund balance increased $3,493,159.43. The beginning balance was $27,730,771.72 and includes adjusting entries.Budget controls for FY16 were ($75,138.00) and year to date revenue less expenditures of $393,802.06.

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County of FrederickComparative Statement of Revenue,Expendituresand Changes in Fund BalanceSeptember 30, 2015

FUND 12 LANDFILL FY16 FY15 YTDREVENUES 9/30/15 9/30/14 Actual

Appropriated Actual Actual Variance

Interest Charge 0.00 680.47 1,167.69 (487.22)Interest on Bank Deposits 60,000.00 5,068.16 4,988.49 79.67Salvage and Surplus 0.00 27,582.70 45,033.10 (17,450.40)Sanitary Landfill Fees 5,080,500.00 1,380,456.98 1,207,860.63 172,596.35Charges to County 0.00 104,421.16 88,889.42 15,531.74Charges to Winchester 0.00 31,715.10 24,699.16 7,015.94Tire Recycling 120,000.00 19,781.32 50,399.13 (30,617.81)Reg.Recycling Electronics 60,000.00 12,694.00 11,832.00 862.00Greenhouse Gas Credit Sales 0.00 0.00 0.00Miscellaneous 60,000.00 0.00 0.00 0.00Wheel Recycling 120,000.00 0.00 0.00 0.00Charges for RTOP 0.00 0.00 0.00 0.00Renewable Energy Credits 116,262.00 33,699.82 34,894.30 (1,194.48)Landfill Gas To Electricity 394,620.00 105,017.73 123,649.53 (18,631.80)Waste Oil Recycling 1,169.82 5,020.41 (3,850.59)State Reimbursement Tire Operation 0.00 0.00 0.00 0.00TOTAL REVENUES 6,011,382.00 1,722,287.26 1,598,433.86 123,853.40

Operating Expenditures 5,391,520.00 671,866.45 664,207.58 7,658.87Capital Expenditures 1,351,332.00 656,618.75 958,125.07 (301,506.32)TOTAL Expenditures 6,742,852.00 1,328,485.20 1,622,332.65 (293,847.45)

Excess(defiency)of revenue overexpenditures 393,802.06 (23,898.79) 417,700.85

Fund Balance Per General Ledger 27,655,633.72 24,580,175.14 3,075,458.58

FUND BALANCE ADJUSTED 28,049,435.78 24,556,276.35 3,493,159.43

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OFFICERS

Dennis M. Morris Chairman

Eric Lawrence Vice Chairman

Nora Belle Comer

Secretary/Treasurer

COMMISSIONERS

CLARKE COUNTY Bev McKay

Brandon Stidham*

FREDERICK COUNTY Charles S. DeHaven, Jr.

Brenda Garton Robert Hess

Eric R. Lawrence*

PAGE COUNTY Nora Belle Comer*

D. Keith Guzy, Jr. David Wiatrowski

SHENANDOAH COUNTY

Brandon Davis Conrad Helsley

Dennis M. Morris* Dick Neese

WARREN COUNTY Daniel J. Murray, Jr. Richard H. Traczyk

John E. Vance*

BERRYVILLE Mayor Wilson Kirby

FRONT ROYAL

Daryl L. Funk Jeremy F. Camp

LURAY

Jerry Schiro

MIDDLETOWN Carolyn Aliff

STRASBURG

Robert Baker

STEPHENS CITY Linden Fravel

WINCHESTER

Evan H. Clark Bill Wiley

Timothy A. Youmans*

WOODSTOCK Jacqueline Lambert*

*denotes Executive

Committee Member

Memorandum To: Sharon Kibler From: Martha Shickle Date: October 7, 2015 Re: Follow up material for Finance Committee meeting During the September 16, 2015 Finance Committee meeting, discussion occurred regarding the state legislation related to establishment and membership of Planning District Commissions in the Commonwealth of Virginia. This memorandum provides additional information regarding applicability of the Code citation and the Northern Shenandoah Valley Regional Commission and Frederick County as a member jurisdiction. The Northern Shenandoah Valley Regional Commission (NSVRC) is one of 21 planning district commissions established in Code by the Commonwealth of Virginia. Each Commission serves a planning district region, and is a political subdivision of the Commonwealth chartered under the current Code Section entitled Regional Cooperation Act1 (VA Code § 15.2- 4200:4222). Following establishment of the geographic boundaries of Planning District #7, now known as the Northern Shenandoah Valley Regional Commission, jurisdictions in the region entered into a cooperative agreement, known as a Charter2 subsequently adopted Bylaws which outline governance of the Commission. It would appear that by virtue of these two established documents, the localities who are members of the Commission are bound by participation in the Commission according to the rules established in each. The Charter stipulates in Article V, Section 2 that “Any governmental subdivision may withdraw from the Commission by submitting to the Commission in writing, at least 90 days before the end of the Commission’s then fiscal year, a notice of intent to withdraw. Such withdrawal shall not become effective until the Commission’s fiscal year has ended.” The Bylaws3 adopted by the Commission state in Article X- Financial Obligations of Member Governmental Subdivisions that each jurisdiction will contribute funds to the Commission at the same per capita rate as every other member. Therefore, it would appear that it is at the option of the eligible jurisdictions within the established Region 7 boundaries to serve as a member of the Commission. Please advise if additional information or background research would be helpful to address the Committee’s future concerns or questions. We will also continue to develop materials that can better quantify the return of valued service to Frederick County for the financial contribution provided each fiscal year. I hope to provide that additional information in conjunction with the FY 2017 funding request due for submission later this calendar year.

1 Original citation authorized under the Virginia Area Development Act (Title 15.1, Chapter 34, Sections 15.1-1400- Code of Virginia, 1950) 2 Originally adopted on May 10, 1970 with subsequent amendments approved on June 9, 1983; May 17, 2001; and August 15, 2008. 3 Originally adopted on March 4, 1971 and amended subsequently on October 8, 1981; June 9, 1983; March 15, 1990; June 20, 1991; June 16, 1994; May 17, 2001; April 21, 2011; January 19, 2012; and April 16, 2015.

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************************************************************************************ BYLAWS of the NORTHERN SHENANDOAH VALLEY REGIONAL COMMISSION (Planning District #7) Adopted March 4, 1971 Amended: October 8, 1981 Amended: June 9, 1983 Amended: March 15, 1990 Amended: June 20, 1991 Amended: June 16, 1994

Amended: May 17, 2001 Amended: April 21, 2011

Amended: January 19, 2012 Amended: April 16, 2015

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INDEX Article I Name 1 Article II Definitions 1 Article III Purposes, Powers and Duties 1 Article IV Membership and Voting 1 Article V Officers and Their Duties 2 Article VI Election of Officers and Executive Committee 2-3 Article VII Meetings 3 Article VIII Committees 3 Article IX Administration 4 Article X Financial Obligations of Member Governmental Subdivisions 4 Article XI Amendment of Bylaws 4 Article XII Parliamentary Procedure 5 Article XIII Effective Date 5

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BYLAWS of the

NORTHERN SHENANDOAH VALLEY REGIONAL COMMISSION

ARTICLE I - Name The name of this organization shall be the Northern Shenandoah Valley Regional Commission, hereinafter referred to as the "COMMISSION." ARTICLE II – Definitions Terms used in these Bylaws shall be defined as follows:

a) "Planning District" means all that area lying within the geographic boundaries of Planning District 7 as delineated by the State of Virginia, to-wit: Clarke, Frederick, Page, Shenandoah, Warren Counties, the City of Winchester and all the Towns contained therein.

b) "Year" unless otherwise noted, means the COMMISSION'S fiscal year which shall begin on July 1 and end on the following June 30.

c) "Agreement" means the charter agreement dated January 1, 1970, (effective March 15, 1970) and between the governmental subdivisions that established the COMMISSION.

ARTICLE III - Purposes, Powers and Duties Section 1 - The purpose of the COMMISSION shall be to promote the orderly and efficient development of the physical, social and economic resources of the Planning District by planning, and encouraging and assisting governmental subdivisions to plan for the future. Section 2 - The COMMISSION shall have all the rights, powers and duties, and be subject to the limitation and restrictions, set forth in the Agreement and in Article 2 of Chapter 34, of Title 15.1 of the Code of Virginia and any Act amendatory thereof. ARTICLE IV - Membership and Voting Section 1 - Members of the COMMISSION shall be appointed by the participating jurisdictions in the manner and for terms as provided by the Agreement. Section 2 - Each member of the COMMISSION shall be entitled to one vote on all matters before the COMMISSION, but may exercise his vote only in person and during any official meeting of the COMMISSION. However, no vote by any member of the COMMISSION shall be construed as an official or unofficial commitment of the agency or jurisdiction represented by the member unless so authorized by said agency or jurisdiction. Section 3 - All actions of the COMMISSION, unless otherwise noted in the Agreement or in these bylaws, shall be taken by a majority vote of the members present and voting.

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ARTICLE V - Officers and Their Duties

Section 1 - The officers of the COMMISSION shall consist of a Chairman, a Vice-Chairman, and a Secretary/Treasurer. Section 2 - The Chairman shall preside at all meetings of the COMMISSION when present, and shall vote as any other member. The Chairman shall be responsible for the implementation of policies established and actions taken by the COMMISSION. The Chairman may call special meetings of the COMMISSION as required, shall in general act as its spokesman and shall perform such other duties as the COMMISSION may direct. Section 3 - The Vice-Chairman shall be vested with authority to perform, in the absence of the Chairman, all the duties and exercise all the powers of the Chairman and shall perform such other duties as the COMMISSION may direct. Section 4 - The Secretary/Treasurer shall keep a record of all resolutions, proceedings and actions of the COMMISSION and give notice of all meeting and perform such other duties as the COMMISSION may direct. The Secretary/Treasurer may, with the permission of the COMMISSION, delegate certain of his duties and responsibilities of the COMMISSION staff. Specifically, the COMMISSION staff shall be responsible for the notice of meetings, the maintenance of all records, notes, and proceedings, and the distribution of copies of the minutes to all members. The Secretary/Treasurer is the COMMISSION’S custodian of funds and disbursing officer. As custodian, the Secretary/Treasurer is responsible for keeping an accurate record of all sources of moneys. As disbursing officer, the Secretary/Treasurer is responsible for the payment of all bills or of all warrants on requisition when payment is authorized. The Secretary/Treasurer is responsible for keeping a record of money paid out and of receipts or vouchers to cover each expenditure. The Secretary/Treasurer shall make a brief financial report at each regular meeting of the COMMISSION and an audit and an annual report as soon as possible after the end of the COMMISSION'S fiscal year. The Chairman shall appoint an Assistant Secretary/Treasurer who shall be authorized to perform in the absence of the Secretary/Treasurer. All checks drawn on the account of the COMMISSION shall be signed by the Secretary/Treasurer or Assistant Secretary/Treasurer and countersigned by the Executive Director or the Chairman. The Secretary/Treasurer may, with the permission of the COMMISSION, delegate certain of his duties and responsibilities to the COMMISSION staff. Specifically, the Commission staff shall be responsible for receiving and processing all bills, preparing checks for signatures, preparing monthly financial reports, and preparing the annual audit and annual report.

ARTICLE VI - Election of Officers and Executive Committee

Section 1 - Except for the original officers elected by the COMMISSION, officers shall be elected annually at the COMMISSION'S spring meeting for terms of one year and shall be eligible for re-election. Section 2 - The Chairman shall, at a regular meeting prior to the Spring meeting, appoint a Nominating Committee consisting of not less than three nor more than five members, at least three of whom must be from separate member jurisdictions. The Nominating Committee shall, at the spring meeting, submit the name of one person for each office to be filled, with each officer to be from a different jurisdiction. In addition, the Nominating Committee will submit names of four (4) additional members to serve on the Executive Committee, along with the three officers, ensuring that the Executive Committee will have one representative from the City, one representative from each County, and one representative from a Town. If the name of a Town representative is not submitted as an officer, the member Towns may make a recommendation to the Nominating Committee for the Town representative on the Executive Committee.

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Further nominations may be made by any Commissioner. Section 3 - A vacancy which occurs in any of the COMMISSION'S offices may be filled by a special election held at a regular meeting. A new officer, so elected, shall complete the unexpired term of the officer he succeeded.

ARTICLE VII – Meetings

Section 1 - Regular meetings shall be held on the third Thursday of each month at a place to be determined by the COMMISSION. The COMMISSION may change the date, time and place of a regular meeting at any prior meeting. Section 2 - Special meetings may be called by the Chairman at his discretion or must be called by the Chairman upon petition on one-third of the COMMISSION members. At least forty-eight (48) hours’ notice must be given to all members of the COMMISSION in writing or by telephone stating the time, place, and purpose of the special meeting. A special meeting may be held without notice provided all members of the COMMISSION are present. Section 3 - One-third of the appointed COMMISSION members shall constitute a quorum. Section 4 - The meetings of the COMMISSION shall be open to the public; however, the COMMISSION may hold executive meetings in accordance with the standards of the Virginia Freedom of Information Act.

ARTICLE VIII – Committees

Section 1 - The COMMISSION may establish such standing committees as it deems desirable and the Chairman shall appoint their members. Section 2 - An Executive Committee shall be established of the officers of the COMMISSION and four (4) At-Large members. The Executive Committee in whole shall include representatives from each of the member Counties, the City and a Town. The Executive Committee in whole shall include representatives from each of the member Counties, the City and a Town. The Executive Committee shall have such powers and duties as the COMMISSION shall determine. Section 3 - The Chairman may from time to time establish such special committees as he deems desirable for the effective promulgation of the COMMISSION affairs and shall appoint the members thereto. Section 4 - Half of the members of any committee shall constitute a quorum. Members may designate voting alternates except that Executive Committee Alternates shall be members of the COMMISSION from the same jurisdiction. Section 5 - The Chairman of the COMMISSION shall be an ex-officio member of all committees but without vote except for standing committees to which he has been named as a regular member.

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ARTICLE IX – Administration Section 1 - The COMMISSION shall employ a staff of qualified professional and other persons, pay to them such compensation as it shall deem necessary and advisable to carry out its duties and implement its projects, programs and other functions. Section 2 - The chief executive officer of the staff shall be the Executive Director who shall have direct supervision of all other employees of the COMMISSION and direct control, subject to the authority of the COMMISSION, of the management of the affairs of the COMMISSION. The Executive Director shall serve at the pleasure of the majority of the COMMISSION members.

ARTICLE X - Financial Obligations of Member Governmental Subdivisions

Section 1 - Each member governmental subdivision shall contribute funds to the COMMISSION at the same per capita rate as every other member governmental subdivision. The member governmental subdivision share for technical and planning assistance shall be based on the local per capita share as determined by the COMMISSION on an annual basis. Section 2 - The per capita contribution of each governmental subdivision is due on July 1 of the current fiscal year and shall be paid by each governmental subdivision prior to July 31 of the same year. Failure to comply with this section shall cause forfeiture of Voting Rights enumerated in Section 1, Article III of Charter Agreement, until said contribution is paid in full. Section 3 - The per capita contribution to the COMMISSION shall be determined at the time of the adoption of the annual budget. The per capita rate may be adjusted annually to provide for expenditure requirements. Section 4 - An additional assessment may be made upon a governmental subdivision for additional services which are requested by said governmental subdivision and which are not included in the Work Program adopted by the COMMISSION. Such assessment shall be agreed upon by and between the COMMISSION and the appropriate governmental subdivision. Section 5 - The COMMISSION may receive contributions from the Commonwealth of Virginia in accordance with Section 15.1-1412, Article 2, Title 15.1, Chapter 34, Code of Virginia, 1950, as amended. Section 6 - The COMMISSION may make application for and accept loans and grants of money or materials or property at any time from any private or charitable source, or the United States of America, or the Commonwealth of Virginia, or any other agency or instrumentality thereof.

ARTICLE XI - Amendment of Bylaws

Any proposed amendment to these Bylaws shall be presented in writing to the members of the COMMISSION at a regular COMMISSION meeting. A three-fourths vote of the members present is required for approval at the next regularly scheduled meeting.

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ARTICLE XII - Parliamentary Procedure

In all matters of parliamentary procedure not specifically covered by these Bylaws and the charter Agreement, Robert’s Rules of Order shall govern.

ARTICLE XIII - Effective Date These Bylaws shall become effective immediately upon adoption by the COMMISSION.

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CHARTER AGREEMENT

OF THE


Adopted: May 10, 1970

Amended: June 9, 1983

Amended: May 17, 2001

Amended: August 15, 2008

******************************************************************************************

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2

CHARTER AGREEMENT OF THE


This Charter Agreement to organize a Planning District Commission made this 10th day of May 1970, by

and between the undersigned governmental sub-divisions as authorized by the Virginia Area Development Act (Title 15.1, Chapter 34, Sections 15.1-1400, et seq., Code of Virginia (1950), as amended):

NOW THEREFORE it is agreed that:

ARTICLE I

Name, Location, Authority, Purpose

Section 1. The name of this organization shall be the Northern Shenandoah Valley Regional Commission, hereinafter called the “COMMISSION.”

Section 2. The principal office of the COMMISSION shall be in Front Royal, Virginia. The location of the principal office may be changed by the concurrence of 3/4ths of the COMMISSION members present at a regular meeting, provided that the clerk of the governing body of each member governmental subdivision has been notified of the contemplated relocation in writing at least thirty days before such meeting.

Section 3. The COMMISSION shall be a public body corporate and politic with all powers and duties granted to it by the Virginia Area Development Act.

Section 4. The purpose of the COMMISSION shall be to promote the orderly and efficient development of the physical, social, and economic elements of the Planning District by planning and encouraging and assisting governmental subdivisions to plan for the future.

ARTICLE II

Membership

Section 1. COMMISSION members shall be appointed by the respective governing bodies of those political subdivisions which are parties of the Charter Agreement provided, however, that at least a majority, but not substantially more than a majority, of the COMMISSION’S members shall be elected officials of the governing bodies of the governmental subdivisions within the Planning District with each participating county, city, and town having at least one representative, and the other members being qualified voters and residents of the District, who hold no office elected by the people.

Section 2. Governmental subdivisions which are parties to this Charter Agreements shall appoint members to the COMMISSION on the following basis:

Number and Type of Representative

Population Elected Representative Non-Elected Representative

1 – 6,999 1 0

7,000 – 19,999 1 1 20,000 – 39,999 2 1 40,000 – 59,999 2 2

For each 20,000 increment of population in excess of 60,000, a member governmental subdivision shall appoint one additional representative, alternating its appointments between elected and non-elected representatives, to assure that a majority of the COMMISSION’S representatives shall be elected officials.

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Section 3. Vacancies on the COMMISSION shall be filled for the unexpired term in the same manner as the originial appointment was made or according to the practices of the appointing governing body.

Section 4. Any member of the COMMISSION shall be eligible for reappointment but may be removed for cause by the governing body which appointed him.

Section 5. Each member jurisdiction shall appoint an alternate voting representative to serve in the absence of that jurisdiction’s duly appointed voting representative. This alternate may be an elected or non-elected representative.

ARTICLE III

Terms of Office and Voting Rights

Section 1. The terms of office of COMMISSION members who are also members of governing bodies shall be coincident with their elected terms of office or such term as their governing bodies shall determine according to their practices. The terms of office of the citizen members shall be three years or such term as their governing bodies shall determine according to their practices.

Section 2. East member of the COMMISSION shall have one equal vote in all matters before the COMMISSION.

ARTICLE IV

Officers

Section 1. Officers of the COMMISSION shall consist of a Chairman and a Vice-Chairman who shall be elected by the membership of the COMMISSION. The COMMISSION may elect other officers as it deems necessary.

Section 2. The Chairman and Vice-Chairman shall be elected for terms of one year or until their successors are elected.

Section 3. COMMISSION officers shall be eligible for reelection. Section 4. The COMMISSION shall appoint an Executive Director who shall be an employee of the

COMMISSION and shall serve at the pleasure of a majority of the membership.

ARTICLE V

Addition or Withdrawal of Members

Section 1. Any governmental subdivision within Planning District Number 7 which is not a party to this Charter Agreement at the effective date thereof may thereafter join the COMMISSION, provided that such governmental subdivision is eligible for membership and that it adopts and executes this Agreement.

Section 2. Any governmental subdivision may withdraw from the COMMISSION by submitting to the COMMISSION in writing, at least 90 days before the end of the COMMISSION’S then current fiscal year, a notice of intent to withdraw. Such withdrawal shall not become effective until the COMMISSION’S fiscal year has ended.

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ARTICLE VI

Appointments of an Executive Committee and

Adoption of By-Laws

Section 1. The COMMISSION may designate an Executive Committee and delegate to it such powers as the COMMISSION may determine, provided that these powers are not inconsistent with provision of the Virginia Area Development Act.

Section 2. The COMMISSION may adopt By-Laws and such other rules as it deems necessary to govern its operations.

ARTICLE VII

Meetings

Section 1. The COMMISSION shall hold regular meetings on a schedule which will be determined by the membership.

Section 2. Meetings of the COMMISSION shall be open to the public, however, the COMMISSION may hold executive meetings.

ARTICLE VIII

Amendments

Section 1. This Charter Agreement may be amended, supplemented, or superseded only by concurring resolutions from a majority of the member governmental subdivisions. All proposed amendments shall be submitted to the COMMISSION for its review and comment to the member governmental subdivisions.

ARTICLE IX

Date of Organization

Section 1. The organization of the Northern Shenandoah Valley Regional Commission shall be effective on 10th day of May, 1970 or at such time after this date when the Charter Agreement has been adopted and signed by that governmental subdivision whose population when added to the aggregate population of those who have already adopted and signed that Charter Agreement embraces the majority of the population within Planning District Number 7.

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Code of Virginia

§ 15.2-4200. Short title.

This chapter shall be known and may be cited as the "Regional Cooperation Act."

(1968, c. 224, § 15.1-1400; 1995, cc. 732, 796; 1997, c. 587.)

§ 15.2-4201. Purpose of chapter.

This chapter is enacted:

1. To improve public health, safety, convenience and welfare, and to provide for the social, economic and physical development ofcommunities and metropolitan areas of the Commonwealth on a sound and orderly basis, within a governmental framework and economic environment which will foster constructive growth and efficient administration.

2. To provide a means of coherent articulation of community needs, problems, and potential for service.

3. To foster planning for such development by encouraging the creation of effective regional planning agencies and providing thefinancial and professional assistance of the Commonwealth.

4. To provide a forum for state and local government on issues of a regional nature.

5. To encourage regional cooperation and coordination with the goals of improved services to citizens and increased cost-effectiveness of governmental activities.

6. To deter the fragmentation of governmental units and services.

(1968, c. 224, § 15.1-1401; 1995, cc. 732, 796; 1997, c. 587.)

§ 15.2-4202. Definitions.

For the purposes of this chapter:

"Commission" means a planning district commission. Planning district commissions are composed of the duly appointed representatives of the localities which are parties to the charter agreement.

"Planning district" means a contiguous area within the boundaries established by the Department of Housing and Community Development.

"Population," unless a different census is clearly set forth, means the number of inhabitants according to the United States census latest preceding the time at which any provision dependent upon population is being applied, or the time as of which it is beingconstrued, unless there is available an annual estimate of population prepared by the Weldon Cooper Center for Public Service of the University of Virginia, which has been filed with the Department of Housing and Community Development, in which event the estimate shall govern.

(1968, c. 224, § 15.1-1402; 1976, c. 760; 1986, c. 164; 1990, c. 722; 1995, cc. 732, 796; 1997, c. 587.)

§ 15.2-4203. Organization of planning district commission.

A. At any time after the establishment of the geographic boundaries of a planning district, the localities embracing at least 45 percent of the population within the district acting by their governing bodies may organize a planning district commission by written agreement. Any locality not a party to such charter agreement shall continue as a part of the planning district but, until such time as such locality elects to become a part of the planning district commission as hereinafter provided, shall not be represented in the composition of the membership of the planning district commission. Whenever a planning district is created which contains only two counties, the governing body of either county may organize a planning district commission in accordance with the provisions of this chapter if the governing body of the other county does not agree to organize such a planning district commission.

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B. The charter agreement shall set forth:

1. The name of the planning district. An entity organized as a planning district commission under this act may employ the name "regional council" or "regional commission" as a substitute for the name "planning district commission."

2. The locality in which its principal office shall be situated.

3. The effective date of the organization of the planning district commission.

4. The composition of the membership of the planning district commission. At least a majority of its members shall be elected officials of the governing bodies of the localities within the district, or members of the General Assembly, with each county, city and town of more than 3,500 population having at least one representative. In any planning district other than planning district number 23, a town of 3,500 or less population may petition the planning district commission to be represented thereon. The planning district commission may, in its discretion, grant representation to such town by a majority vote of the members of the commission. Other members shall be qualified voters and residents of the district. In planning districts number 4 and 14, the membership may also include representatives of higher education institutions. Should the charter agreement, as adopted, so provide, an alternate may serve in lieu of one of the electedofficials of each of the governing bodies of the participating localities.

5. The term of office of the members, their method of selection or removal and the method for the selection and the term of office of a chairman.

6. The voting rights of members. Such voting rights need not be equal and may be weighed on the basis of the population of the locality represented by the member, the aggregation of the voting rights of members representing one locality, or otherwise.

7. The procedure for amendment, for addition of other localities within the planning district which are not parties to the original charter agreement, and the withdrawal from the charter agreement by localities within the planning district electing to do so.

C. The governing body of any locality which is a member of the planning district commission may provide for compensation to be paid by it for its commission members, except for any full-time salaried employees of the locality. The amount of such compensation shallnot exceed the amount fixed by the planning district commission.

(1968, c. 224, § 15.1-1403; 1970, cc. 303, 703; 1972, c. 595; 1973, c. 176; 1982, c. 660; 1989, c. 49; 1993, c. 838; 1995, cc. 732, 796; 1997, c. 587; 1998, cc. 668, 686; 2000, c. 984; 2005, c. 819.)

§ 15.2-4204. Disposition of earnings and assets of planning district commissions.

No part of the net earnings of any planning district commission organized under the provisions of this chapter shall inure to the benefit of, or be distributable to, any of its members, officers or other private persons, other than to its member localities as provided in this chapter. However, the commission may pay reasonable compensation for services rendered and make payments and distributions in furtherance of the purposes of a planning district commission as set forth in this chapter and in its charter and bylaws. Upon thedissolution or termination of any planning district commission, it shall, after paying or making provisions for the payment of its liabilities, distribute its assets to its member localities, pro rata, based upon the formula used to determine local government dues to thecommission.

(1989, c. 178, § 15.1-1403.1; 1995, cc. 732, 796; 1997, c. 587.)

§ 15.2-4205. Powers of commission generally.

A. Upon organization of a planning district commission, pursuant to charter agreement, it shall be a public body corporate and politic,the purposes of which shall be to perform the planning and other functions provided by this chapter, and it shall have the power to perform such functions and all other powers incidental thereto.

B. Without in any manner limiting or restricting the general powers conferred by this chapter, the planning district commission may:

1. Adopt and have a common seal and to alter the same at pleasure.

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2. Sue and be sued.

3. Adopt bylaws and make rules and regulations for the conduct of its business; however, a planning district commission shall notamend its budget once adopted during the applicable fiscal year except pursuant to an affirmative vote of the same number of theentire membership of the planning district commission required to adopt the budget.

4. Make and enter into all contracts or agreements, as it may determine, which are necessary or incidental to the performance of its duties and to the execution of the powers granted under this chapter.

5. Apply for and accept, disburse and administer, for itself or for member localities so requesting, loans and grants of money or materials or property at any time from any private or charitable source or the United States of America or the Commonwealth, or any agency or instrumentality thereof.

6. Exercise any power usually possessed by private corporations, including the right to expend such funds as may be considered by it to be advisable or necessary in the performance of its duties and functions.

7. Employ engineers, attorneys, planners, such other professional experts and consultants and such general and clerical employees as may be deemed necessary, and prescribe their powers and duties and fix their compensation.

8. Do and perform any acts and things authorized by this chapter through or by means of its own officers, agents and employees, or by contracts with any persons.

9. Execute instruments and do and perform acts or things necessary, convenient or desirable for its purposes or to carry out the powers expressly given in this chapter.

10. Create an executive committee which may exercise the powers and authority of the planning district commission under this chapter. The chairman of the planning district commission shall serve as a member and as the chairman of the executive committee. The composition of the remaining membership of the executive committee, the term of office of its members and any alternate members,their method of selection or removal, the voting rights of members, procedures for the conduct of its meetings, and any limitations upon the general authority of the executive committee shall be established by the bylaws of the planning district commission. Any planning district commission may establish such other special and standing committees, advisory, technical, or otherwise, as it deems desirable for the transaction of its affairs.

(1968, c. 224, § 15.1-1404; 1975, c. 83; 1986, c. 164; 1990, c. 722; 1995, cc. 732, 796; 1997, c. 587.)

§ 15.2-4206. Additional powers of planning district commissions.

Planning district commissions may, in addition to and not in limitation of all other powers granted by this chapter:

1. Acquire, lease, sell, exchange, donate and convey its projects, property or facilities in furtherance of the purposes of planning district commissions as set forth in this chapter;

2. Issue its bonds, notes or other evidences of indebtedness, whether payable solely out of the revenues and receipts derived or to be derived from the leasing, sale or other disposition or use of such projects, property or facilities or otherwise, for the purpose of carrying out any of its powers or purposes set forth in this chapter; and

3. As security for the payment of the principal of and premium, if any, and interest on any such bonds, notes or other evidences of indebtedness, mortgage and pledge its projects, property or facilities or any part or parts thereof and pledge the revenues therefrom or from any part thereof.

(1989, c. 178, § 15.1-1404.1; 1995, cc. 732, 796; 1997, c. 587.)

§ 15.2-4207. Purposes of commission.

A. It is the purpose of the planning district commission to encourage and facilitate local government cooperation and state-localcooperation in addressing on a regional basis problems of greater than local significance. The cooperation resulting from this chapter is

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intended to facilitate the recognition and analysis of regional opportunities and take account of regional influences in planning and implementing public policies and services. Functional areas warranting regional cooperation may include, but shall not be limited to: (i) economic and physical infrastructure development; (ii) solid waste, water supply and other environmental management; (iii) transportation; (iv) criminal justice; (v) emergency management; (vi) human services; and (vii) recreation.

Types of regional cooperative arrangements that commissions may pursue include but are not limited to (i) the facilitation of revenue sharing agreements; (ii) joint service delivery approaches; (iii) joint government purchasing of goods and services; (iv) regional data bases; and (v) regional plans.

B. The planning district commission shall also promote the orderly and efficient development of the physical, social and economicelements of the district by planning, and encouraging and assisting localities to plan, for the future. If requested by a member locality or group of member localities and to the extent the commission may elect to act, the commission may assist the localities by carrying out plans and programs for the improvement and utilization of their physical, social and economic elements. The commission shall not, however, have a legal obligation to perform the functions necessary to implement the plans and policies established by it or to furnish governmental services to the district. Additionally, Planning District Commissions 1, 2, and 13 shall be designated as economicdevelopment organizations within the Commonwealth.

C. The authority of the commission includes the power, to the extent the commission may from time to time determine, when requested to do so by a member locality or group of member localities, (i) to participate in the creation or organization of nonprofit corporations to perform functions or operate programs in furtherance of the purposes of this chapter; (ii) to perform such functions and to operate such programs itself; (iii) to contract with nonprofit entities, including localities, performing such functions or operating such programs to provide administrative, management, and staff support, accommodations in its offices, and financial assistance; and (iv) to provide financial assistance, including matching funds, to interdistrict entities which perform governmental or quasi-governmental functions directly benefiting the commission's district and which are organized under authority of the Commonwealth or of the federal government.

D. Nothing herein shall be construed to permit the commission to perform functions, operate programs, or provide services within and for a locality if the governing body of that jurisdiction opposes its doing so.

(1968, c. 224, § 15.1-1405; 1972, c. 814; 1975, c. 381; 1984, c. 739; 1986, c. 164; 1991, c. 208; 1995, cc. 732, 796; 1997, c. 587; 1998, cc. 668, 686; 2009, c. 863.)

§ 15.2-4208. General duties of planning district commissions.

Planning district commissions shall have the following duties and authority:

1. To conduct studies on issues and problems of regional significance;

2. To identify and study potential opportunities for state and local cost savings and staffing efficiencies through coordinatedgovernmental efforts;

3. To identify mechanisms for the coordination of state and local interests on a regional basis;

4. To implement services upon request of member localities;

5. To provide technical assistance to state government and member localities;

6. To serve as a liaison between localities and state agencies as requested;

7. To review local government aid applications as required by § 15.2-4213 and other state or federal law or regulation;

8. To conduct strategic planning for the region as required by §§ 15.2-4209 through 15.2-4212;

9. To develop regional functional area plans as deemed necessary by the commission or as requested by member localities;

10. To assist state agencies, as requested, in the development of substate plans;

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11. To participate in a statewide geographic information system, the Virginia Geographic Information Network, as directed by theDepartment of Planning and Budget; and

12. To collect and maintain demographic, economic and other data concerning the region and member localities, and act as a statedata center affiliate in cooperation with the Virginia Employment Commission.

(1995, cc. 732, 796, § 15.1-1405.1; 1997, c. 587; 1998, cc. 668, 686.)

§ 15.2-4209. Preparation and adoption of regional strategic plan.

A. Except in planning districts in which regional planning is conducted by multi-state councils of government, each planning district commission shall prepare a regional strategic plan for the guidance of the district. The plan shall concern those elements which are of importance in more than one of the localities within the district, as distinguished from matters of only local importance. The plan shall include regional goals and objectives, strategies to meet those goals and objectives and mechanisms for measuring progress toward the goals and objectives. The strategic plan shall include those subjects necessary to promote the orderly and efficient development of the physical, social and economic elements of the district such as transportation, housing, economic development and environmentalmanagement. The plan may be divided into parts or sections as the planning district commission deems desirable. In developing the regional strategic plan, the planning district commission shall seek input from a wide range of organizations in the region, including local governing bodies, the business community and citizen organizations.

B. Before the strategic plan is adopted, it shall be submitted to the Department of Housing and Community Development and to thegoverning body of each locality within the district for a period of not less than thirty days prior to a hearing to be held by the planning district commission thereon, after notice as provided in § 15.2-2204. Each such local governing body shall make recommendations to the planning district commission on or before the date of the hearing with respect to the effect of the plan within its locality. The Department of Housing and Community Development shall notify the planning district commission prior to the hearing as to whether the proposed strategic plan conflicts with plans of adjacent planning districts.

C. Upon approval of the strategic plan by a planning district commission after a public hearing, it shall be submitted to the governing body of each locality (excluding towns of less than 3,500 population unless members of the commission) within the district for review and possible adoption. The plan shall become effective with respect to all action of a planning district commission upon approval by the planning district commission. The plan shall not become effective with respect to the action of the governing body of any locality within the district until adopted by the governing body of such locality.

D. The adopted strategic plan shall be submitted within thirty days of adoption to the Department of Housing and Community Development for information and coordination purposes.

(1968, c. 224, § 15.1-1406; 1976, c. 760; 1981, c. 315; 1995, cc. 732, 796; 1997, c. 587; 1998, cc. 668, 686.)

§ 15.2-4210. Commission to act only in conformity with regional strategic plan.

When the strategic plan becomes effective as the district plan, the planning district commission shall not, except as provided in the plan, establish any policies or take any action which, in its opinion, is not in conformity with the plan.

(1968, c. 224, § 15.1-1407; 1995, cc. 732, 796; 1997, c. 587; 1998, cc. 668, 686.)

§ 15.2-4211. Amendment of regional strategic plan.

The strategic plan may be amended in the same manner as provided for the original approval and adoption of the plan. However, if the planning district commission determines that a proposed amendment has less than districtwide significance, such amendment may besubmitted only to the governing bodies of those localities which the planning district commission determines to be affected. Theamended strategic plan shall be submitted within thirty days of amendment to the Department of Housing and Community Development.

(1968, c. 224, § 15.1-1408; 1995, cc. 732, 796; 1997, c. 587.)

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§ 15.2-4212. Review of regional strategic plan by commission.

At least once every five years the regional strategic plan shall be revised and formally approved by the planning district commission. The revised plan shall not become effective with respect to the action of the governing body of any locality within the district until adopted by the governing body of such locality.

(1968, c. 224, § 15.1-1409; 1995, cc. 732, 796; 1997, c. 587.)

§ 15.2-4213. Commission to be informed of applications for state or federal aid by local governing bodies.

In each planning district in which a planning district commission has been organized, the governing body of each locality shall make available to the planning district commission a summary of applications to agencies of the state or federal government for loans or grants-in-aid for local projects. Submission of the summary of applications is for informational purposes only, unless otherwise directed by state or federal regulations or laws.

(1968, c. 224, § 15.1-1410; 1972, c. 599; 1995, cc. 732, 796; 1997, c. 587.)

§ 15.2-4214. Cooperation and consultation with other agencies.

A planning district commission may cooperate with other planning district commissions, councils of governments, or the legislative and administrative bodies and officials of other districts or localities within or outside a district, so as to coordinate the planning, development and services of a district with the plans and services of other districts and localities and the Commonwealth. A planning district commission may appoint committees and adopt rules to effect such cooperation. A planning district commission shall alsocooperate with the Department of Housing and Community Development and use advice and information furnished by such Department and by other state and federal officials, departments and agencies. Such Department and such officials, departments and agencies having information, maps and data pertinent to the planning and development of a district may make the material, together with services and funds, available for use of a planning district commission.

All agencies of the Commonwealth shall notify the Department of Housing and Community Development prior to engaging in planningactivities which will require planning district commission participation. State agencies are encouraged to consult with planning district commissions in the development of regional plans and services and for data collection.

(1968, c. 224, § 15.1-1411; 1976, cc. 488, 760; 1977, c. 613; 1995, cc. 732, 796; 1997, c. 587.)

§ 15.2-4215. Annual report required.

Each planning district commission shall submit an annual report by September 1 to its member local governments and the Departmentof Housing and Community Development in accordance with a format prescribed by the Department. The annual report shall contain ata minimum a description of the activities conducted by the planning district commission during the preceding fiscal year, including how the commission met the provisions of this chapter, and information showing the sources and amounts of funding provided to the commission. The Department of Housing and Community Development shall summarize the annual reports in a report to be distributedin accordance with § 36-139.6.

(1995, cc. 732, 796, § 15.1-1411.1; 1997, c. 587.)

§ 15.2-4216. State aid.

A. Upon the organization of a planning district commission, it shall be entitled to receive state financial support to assist it in carrying out its purposes. Such state aid shall be in an amount as provided in the general appropriations act. In order to be allocated such state aid, each planning district commission shall prepare and submit an annual report, as required in § 15.2-4215, which details itscompliance with the provisions of this chapter, and an annual work program of activities proposed for the next fiscal year. The fiscal year of the planning district commission shall end June 30.

B. If two planning districts are merged pursuant to § 15.2-4221, the new district shall be entitled to receive the combined amount of aid to which the two districts it replaced separately would have been entitled for five years from the effective date of the merger.

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(1968, c. 224, § 15.1-1412; 1977, c. 613; 1985, c. 127; 1990, c. 722; 1995, cc. 732, 796; 1997, c. 587.)

§ 15.2-4217. Regional Cooperation Incentive Fund created; administration thereof.

A. There is hereby created a Regional Cooperation Incentive Fund for the purpose of encouraging inter-local strategic and functionalarea planning and other regional cooperative activities. The Fund shall be administered by the Department of Housing and Community Development. Fund availability is subject to the Appropriation Act.

B. From time to time the General Assembly and the Governor may designate specific functional areas or activities which are to begiven highest priority for funding, including but not limited to economic development, criminal justice, solid waste management, water supply, emergency management and transportation.

C. Disbursements from the Regional Cooperation Incentive Fund shall be made on a matching grant basis to planning district commissions. The Department of Housing and Community Development shall promulgate regulations for the administration of the funds, including application forms, eligibility requirements and terms and duration of grants. In establishing regulations, the following criteria shall be met:

1. The planning district commission or member localities must provide, at a minimum, a twenty-five percent match to the grant; and

2. Any project for which a grant is sought shall use private initiative and enterprise insofar as feasible, and emphasize coordination of available governmental and private financial and technical resources.

D. The Department of Housing and Community Development shall require periodic reports from grant recipients concerning progress of the project and the use of funds.

(1995, cc. 732, 796, § 15.1-1412.1; 1997, c. 587.)

§ 15.2-4217.1. Specialized Transportation Incentive Fund.

The Specialized Transportation Incentive Fund (the "Fund") is established and shall be used to assist participating planning districts in the development of coordinated specialized transportation plans and projects. In order to be eligible to receive monies from the Fund, a planning district commission or single locality shall establish, in consultation with its metropolitan planning organization if one exists, an advisory transportation coordination committee and shall submit to the Disability Commission a plan for cost-effective coordination of specialized transportation services in the planning district or in localities within the planning district. Single localities may appoint an advisory transportation coordinating committee independent of the planning district commission and receive specialized transportation incentive funds if the locality is located in a regional planning district in which all other localities are recipients of the federal funds and subject to the provisions of Title II of the Americans with Disabilities Act, Public Law 101-336 (42 U.S.C. § 12131 et seq.). The advisory transportation coordination committee shall guide planning for the coordination and administration of specialized transportation with human service agencies, participating public transportation systems and, where appropriate, with private for-profit and nonprofittransportation providers. Advisory transportation coordination committees shall be composed of, but not limited to, elderly and disabled persons, providers of specialized transportation systems, participating public transportation systems, and local private for-profit and nonprofit transportation providers. Localities and public transportation systems subject to Title II of the Americans with Disabilities Act, Public Law 101-336 (42 U.S.C. § 12131 et seq.), shall not be required to participate in coordinated specialized transportation plans, but may participate at their option.

(2003, c. 454.)

§ 15.2-4218. Local governing bodies authorized to appropriate or lend funds.

The governing bodies of the localities within a planning district are authorized to appropriate or lend funds to the planning district commission.

(1968, c. 224, § 15.1-1413; 1997, c. 587.)

§ 15.2-4219. Exemption of commission from taxation.

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The planning district commission shall not be required to pay any taxes or assessments upon any project or upon any property acquired or used by it or upon the income therefrom. For purposes of subdivision 4 of § 58.1-609.1, a planning district commission is deemed a "political subdivision of this Commonwealth" as the term is used in that section.

(1968, c. 224, § 15.1-1415; 1993, c. 310; 1997, c. 587.)

§ 15.2-4220. Dual membership authorized.

Any locality which is a member of a planning district commission may become a member of an additional planning district commissionupon such terms and conditions as mutually agreed to by the locality and the additional planning district commission. The locality shall notify the Department of Housing and Community Development of its membership status in the additional planning district commissionwithin thirty days of becoming a member. Whenever a state-directed activity is conducted by all the planning district commissions, the planning district boundaries identified by the Department of Housing and Community Development shall be used, unless alternativeboundaries are agreed to by the localities and the planning district commissions affected. No additional state financial support shall be paid due to a locality becoming a member of an additional planning district commission.

(1985, c. 109, § 15.1-1416; 1988, c. 263; 1991, c. 35; 1993, c. 797; 1994, c. 650; 1995, cc. 732, 796; 1997, c. 587.)

§ 15.2-4221. Merger of two planning district commissions.

The commissions of any two planning districts and a majority of the governing bodies of the localities comprising each district, upon finding that the community of interest, ease of communications and transportation, and geographic factors and natural boundariesamong the localities of the two districts are such that the best interest of the localities would be served, may by resolutions concurrently adopted vote to merge into one district and request the Department of Housing and Community Development to declare the districts so merged. Upon such declaration, the commissions of the two districts shall be merged into one commission. The commission of the new district thereupon shall organize as provided in § 15.2-4203; however, nothing shall prevent the commissions of the two districts which are to be merged from agreeing to the terms of such organization prior to their vote to merge.

(1990, c. 722, § 15.1-1416.1; 1997, c. 587.)

§ 15.2-4222. Inconsistent laws inapplicable.

All other general or special laws inconsistent with any provisions of this chapter are hereby declared to be inapplicable to the provisions of this chapter.

(1968, c. 224, § 15.1-1452; 1997, c. 587.)

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